TERMS OF SERVICE

1. INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of the WorkHorse FS LLC software-as-a-service platform, including any associated websites, networks, applications, and other services provided by WorkHorse FS LLC (collectively, the "Service"). These Terms constitute a legally binding agreement between you and WorkHorse FS LLC ("WorkHorse," "we," "us," or "our").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.

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2. DEFINITIONS

• "User," "you," and "your" refer to the individual or entity accessing or using the Service.

• "Subscription" refers to the purchased right to access and use the Service according to the selected plan.

• "User Data" refers to any data, information, or material that you upload, input, or otherwise provide to the Service, including business records, financial data, customer records, and employee records.

• "Company" refers to the field service business that subscribes to and administers the Service.

• "Owner" refers to the administrator designated as the responsible owner of a Company within the Service (by default, the administrator who created the Company). Certain actions, including deleting the Company, are reserved to the Owner.

• "Employee" refers to any individual added to the Service by a Company administrator.

• "End Customer" refers to a customer of a Company whose information the Company stores in the Service.

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3. SERVICE DESCRIPTION

WorkHorse FS LLC provides a cloud-based field service management platform that enables field service companies to manage jobs, customers, employees, scheduling and dispatch, invoicing, estimates, accounting, payroll organization, time tracking, online payments, and related business operations. The specific features and user capacities available to you depend on the Subscription plan you select. The Service is under active development, and features may be added, modified, or removed over time.

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4. ACCEPTANCE OF TERMS

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

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5. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

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6. ELIGIBILITY

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.

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7. SUBSCRIPTION TERMS AND USER LIMITS

Access to our Service requires a paid Subscription. Unless otherwise specified at the time of purchase:

• Subscriptions are billed on a monthly or annual basis depending on the plan selected

• Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date

• You authorize us to charge your payment method for the Subscription fee at the beginning of each billing period

• If you upgrade your Subscription, we will immediately charge your payment method for the prorated difference in cost

• If you downgrade your Subscription, the change will take effect at the start of the next billing period

Each Subscription plan includes a maximum number of users by role (for example, technicians, customer service representatives, and administrators), as described on our pricing page at the time of purchase. We reserve the right to enforce plan user limits, and exceeding them may require an upgrade to a higher plan.

Prices for our Service are subject to change with at least 30 days’ notice. Your continued use of the Service after a price change takes effect constitutes your agreement to pay the changed amount.

You may cancel your Subscription at any time through your account settings or by contacting us at contact@work-horse.org. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not be eligible for a refund of any portion of the Subscription fee except as required by applicable law.

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8. FREE TRIALS

We may offer free trials of our Service. Free trial eligibility is determined at our discretion and may be limited to new users or other qualifying customers. Unless you cancel before the end of the free trial period, we will automatically charge your payment method for the first billing period of your Subscription at the end of the free trial. We reserve the right to modify or terminate free trials at any time without notice.

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9. PAYMENT PROCESSING AND STRIPE CONNECT

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9.1 Payment Processor

All payments — both your Subscription payments to us and payments your End Customers make to you through the Service — are processed by Stripe, Inc. (“Stripe”). WorkHorse is not a bank, money transmitter, money services business, or payment processor, and does not hold, transmit, or take custody of funds. All movement of funds is performed by Stripe.

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9.2 Stripe Connected Account

To accept online payments from your End Customers, you must create a Stripe connected account through the Service. By doing so, you agree to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Agreements”), available at https://stripe.com/legal. Stripe’s approval, onboarding, identity-verification, payout, and compliance requirements apply to your connected account. WorkHorse is not responsible for Stripe’s decisions regarding your account, including holds, reserves, delayed payouts, or account termination.

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9.3 Your Responsibilities for Payments You Accept

• You are solely responsible for the goods and services you sell, the accuracy of your invoices, and your relationships with your End Customers.

• You are solely responsible for all chargebacks, disputes, refunds, reversals, and associated fees arising from payments made to you, and for responding to disputes through Stripe.

• You are solely responsible for collecting, reporting, and remitting all applicable taxes on your sales.

WORKHORSE SHALL NOT BE LIABLE FOR ANY LOSSES ARISING FROM PAYMENT PROCESSING, CHARGEBACKS, DISPUTES, FRAUDULENT TRANSACTIONS, STRIPE ACCOUNT ACTIONS, OR PAYOUT DELAYS.

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10. SERVICE AVAILABILITY AND SUPPORT

We will make reasonable efforts to keep our Service operational 24 hours a day, 7 days a week. However, we do not guarantee continuous, uninterrupted access to our Service, and we do not offer a service level agreement (SLA). We reserve the right to suspend access to the Service for maintenance, upgrades, or to address security concerns, with reasonable advance notice where practicable.

Technical support is provided via email at contact@work-horse.org. We will make reasonable efforts to respond to support requests within 2 business days.

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11. USER ACCOUNTS

You must create an account to access the Service. You are responsible for:

• Providing accurate, current, and complete information

• Maintaining the confidentiality of your password and account

• All activities that occur under your account

• Notifying us immediately of any unauthorized use of your account at contact@work-horse.org

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.

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12. ACCEPTABLE USE

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service for any illegal or unauthorized purpose

• Violate any applicable laws or regulations

• Infringe the rights of others, including intellectual property rights

• Attempt to breach any security or authentication measures

• Transmit any viruses, malware, or other harmful code

• Interfere with or disrupt the Service or servers or networks connected to the Service

• Impersonate any person or entity

• Use automated scripts to collect information from or otherwise interact with the Service without our written consent

• Exceed the usage limitations or quotas associated with your Subscription plan

• Use the Service’s email features to send spam, unlawful communications, or messages to recipients who have not agreed to receive them

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13. EMAIL FEATURES AND GOOGLE ACCOUNT INTEGRATION

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13.1 Sending Email Through the Service

The Service can send emails on your behalf, including invoices, estimates, payment receipts, and payment reminders to your End Customers, and operational notifications to your staff. You are solely responsible for the content of communications sent at your direction and for ensuring that your use of email features complies with all applicable laws, including the CAN-SPAM Act and applicable consumer-communication laws. You represent that you have an existing business relationship with, or the necessary consent from, the recipients of such messages.

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13.2 Google (Gmail) Integration

You may optionally connect a Google account so that customer-facing emails are sent from your own Gmail address. By connecting a Google account, you authorize the Service to send email on your behalf using the Gmail API, subject to Google’s terms and policies. Our access to and use of Google user data is described in our Privacy Policy and adheres to the Google API Services User Data Policy, including its Limited Use requirements. You may disconnect the integration at any time in Settings or via your Google Account permissions page. You are responsible for your Google account’s standing; WorkHorse is not responsible for Google-imposed sending limits, suspensions, or deliverability outcomes.

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14. USER DATA

You retain all ownership rights to your User Data. By uploading, inputting, or otherwise providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, and display your User Data solely as necessary to provide the Service to you and your authorized users.

We will not access your User Data except: (a) to provide the Service to you and your authorized users; (b) to prevent or address technical or security issues; (c) to respond to customer support requests; or (d) as required by law.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data. You represent and warrant that you have obtained all necessary rights, permissions, and consents to provide the User Data to us, including consents from your Employees and End Customers where required.

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15. DATA BACKUP AND EXPORT RESPONSIBILITY

THIS SECTION IS IMPORTANT. PLEASE READ IT CAREFULLY.

The Service includes tools to export your data, including your financial records, invoices, customers, and reports. You acknowledge and agree that:

• You are solely responsible for maintaining current, independent backup copies of your business records, including all financial, accounting, tax, payroll, customer, and employee records stored in the Service.

• You should export and back up your financial records on a regular, frequent basis (for example, monthly and before/after significant changes), and retain those exports in an independent storage location under your control.

• Businesses are generally required by federal, state, and local law to retain financial, tax, and payroll records for a period of years. That retention obligation is yours, not ours. The Service is not a system of record retention for legal compliance purposes, and you must not rely on the Service as your only copy of any record.

• Software services can experience bugs, defects, outages, data corruption, or data loss. While we work to prevent these, they cannot be ruled out in any software. Your regular exports are your protection against such events.

• Before deleting your account or Company, you will be required (or strongly prompted) to export your data, and you accept sole responsibility for retaining your records after deletion.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKHORSE SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR UNAVAILABILITY OF USER DATA, OR FOR ANY CONSEQUENCES OF YOUR FAILURE TO MAINTAIN INDEPENDENT BACKUPS AND EXPORTS OF YOUR RECORDS.

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16. SOFTWARE ERRORS, BUGS, AND EVOLVING FEATURES

The Service is a continuously developed software product. Notwithstanding our quality-assurance efforts, the Service may contain errors, bugs, or defects, and calculations, automations, reports, or displays may occasionally be incorrect, incomplete, or unavailable. You agree that:

• You will review and verify the outputs of the Service that you rely upon, particularly financial figures, before making business decisions or submitting them to third parties.

• You will promptly report suspected errors to contact@work-horse.org so they can be investigated and corrected.

• Features identified as beta, preview, or early access are provided for evaluation, may change or be removed without notice, and are excluded from any support expectations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKHORSE SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM SOFTWARE ERRORS, BUGS, DEFECTS, MISCALCULATIONS, OR SERVICE INTERRUPTIONS. YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT AND CANCEL YOUR SUBSCRIPTION.

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17. DATA SECURITY AND PRIVACY

Our Privacy Policy describes our practices regarding the information we collect from you and is incorporated into these Terms by reference. We use Supabase as our infrastructure provider (built on AWS), Stripe for payment processing, Resend for transactional email delivery, and, where you connect it, Google’s Gmail API for sending customer-facing email — each of which implements industry-standard security measures. We store banking information in limited form (last four digits of account numbers only) and do not store full payment card numbers.

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18. INTELLECTUAL PROPERTY

All content provided by WorkHorse FS LLC, including the Service, website, text, graphics, logos, icons, images, software, and compilations thereof, is the property of WorkHorse FS LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes in accordance with these Terms. This license does not include the right to:

• Modify or copy the Service or any content therein

• Reverse engineer, decompile, or disassemble the Service

• Transfer, sell, rent, lease, sublicense, or distribute the Service to any third party

• Remove or alter any copyright, trademark, or other proprietary notices

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19. FEEDBACK

We welcome feedback, comments, and suggestions for improvement of the Service. You grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, copy, modify, and distribute such feedback in any manner without any attribution or compensation to you.

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20. THIRD-PARTY SERVICES AND INTEGRATIONS

The Service integrates with third-party services, including Stripe and Stripe Connect (payment processing), Supabase/AWS (cloud infrastructure), Google (Gmail API email sending), Resend (transactional email), and Wix (marketing website hosting). When you use these third-party services, their terms and privacy policies also govern your use. We are not responsible for the availability, behavior, features, or content of any third-party service, and third-party outages or changes may affect Service functionality without liability to us.

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21. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WORKHORSE FS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY DATA, CALCULATION, OR REPORT PRODUCED BY THE SERVICE WILL BE ACCURATE OR RELIABLE.

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22. ACCOUNTING AND FINANCIAL DATA DISCLAIMER

The accounting, financial reporting, chart of accounts, general ledger, journal entries, and related features of the Service are provided as tools to assist you in managing your business finances. WorkHorse FS LLC is a software provider, not an accounting firm. WorkHorse makes no representations or warranties that:

• Financial calculations, reports, journal entries, or outputs are accurate, complete, or error-free

• The chart of accounts structure or account classifications comply with Generally Accepted Accounting Principles (GAAP) or any other accounting standard

• The Service is suitable for tax preparation, filing, or compliance purposes

• Automated journal entries generated by the Service are correct or appropriate for your specific business situation

• Financial reports generated by the Service (including Profit & Loss, Balance Sheet, or General Ledger) are accurate or suitable for submission to any regulatory body, lender, or tax authority

You are solely responsible for reviewing, reconciling, and verifying the accuracy of all financial data, reports, journal entries, and calculations generated by the Service. WorkHorse FS LLC strongly recommends that you engage a qualified accountant, bookkeeper, or Certified Public Accountant (CPA) to review your books and financial statements on a regular and frequent basis — and in all cases before making significant business decisions, filing tax returns, obtaining financing, or submitting financial statements to any third party. You should promptly report any suspected discrepancy in your books to us and to your accounting professional.

WORKHORSE FS LLC SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSSES, MISSTATED FINANCIAL RESULTS, TAX PENALTIES, AUDIT FINDINGS, REGULATORY FINES, LOST FINANCING, OR OTHER DAMAGES ARISING FROM YOUR RELIANCE ON THE ACCOUNTING OR FINANCIAL FEATURES OF THE SERVICE OR FROM ERRORS IN FINANCIAL DATA, WHETHER CAUSED BY USER INPUT, SOFTWARE DEFECT, OR OTHERWISE.

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23. PAYROLL DISCLAIMER

The payroll features of the Service, including pay period organization, hours aggregation, pay schedule management, pay stubs, and related functionality, are provided as organizational and record-keeping tools only. Deduction and withholding amounts shown in the Service are entered by you (the employer); the Service does not calculate, determine, or guarantee tax withholdings. WorkHorse FS LLC makes no representations or warranties that:

• Payroll amounts are accurate or compliant with federal, state, or local tax withholding requirements

• Overtime calculations comply with the Fair Labor Standards Act (FLSA) or any applicable state labor laws

• Pay schedules or payment amounts satisfy any minimum wage, prevailing wage, or other compensation requirements

• The Service qualifies as a licensed payroll service provider in any jurisdiction (it does not)

You are solely responsible for ensuring that all payroll amounts, tax withholdings, and employment-related payments comply with applicable federal, state, and local laws, and for actually remitting withheld amounts to the appropriate authorities. WorkHorse FS LLC strongly recommends engaging a licensed payroll provider, CPA, or qualified employment attorney to review your payroll practices.

WORKHORSE FS LLC SHALL NOT BE LIABLE FOR ANY PAYROLL ERRORS, TAX PENALTIES, LABOR LAW VIOLATIONS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PAYROLL FEATURES OF THE SERVICE.

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24. EMPLOYEE DATA AND GPS LOCATION DISCLAIMER

The Service includes features that collect and store employee personal information and GPS location data. By using these features, you (as the Company administrator) represent, warrant, and agree that:

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24.1 Employee Consent

• You have obtained all legally required consents, authorizations, and notices from your employees prior to storing their personal information (including but not limited to name, address, date of birth, banking information, and employment records) in the Service

• You have informed your employees that their personal data will be stored in a cloud-based software platform operated by WorkHorse FS LLC

• You have obtained any consents required by applicable federal, state, or local employment laws before collecting or storing employee personal data

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24.2 GPS Location Tracking

• You have provided clear, conspicuous, and legally compliant notice to all employees that the Service captures their GPS location coordinates at the time of clocking in and clocking out

• You have obtained all legally required consents from employees for GPS location tracking in your jurisdiction. Note: several states, including California, Illinois, and Texas, have specific laws governing employee location tracking that may require explicit written consent

• You will not use GPS location data collected through the Service to harass, discriminate against, or unlawfully surveil employees

• You acknowledge that GPS location tracking outside of clock in/out events is not performed by the Service

WorkHorse FS LLC is not responsible for your compliance with employment laws, privacy laws, or any other regulations governing the collection and use of employee data. WorkHorse FS LLC shall not be liable for any claims, penalties, or damages arising from your failure to obtain proper employee consents or comply with applicable employment and privacy laws.

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25. BUSINESS TAX AND LICENSE INFORMATION

The Service allows a Company to store business identifiers, including an Employer Identification Number (EIN) or other business tax identification number and contractor or professional license number(s), for use in the Company's business records and documents. By entering this information, you represent and warrant that you are authorized to store it and that it is accurate. Tax ID values are masked in the interface and require identity re-confirmation to view in full. You are solely responsible for the information you choose to store, for keeping your license information current and valid, and for your compliance with any licensing or tax obligations applicable to your business. WorkHorse does not verify, validate, or confirm the accuracy or validity of any tax identification or license information you provide, and is not responsible for any consequences arising from inaccurate, expired, or improperly entered information. We recommend entering a business EIN rather than a personal Social Security Number.

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26. FILE STORAGE DISCLAIMER

The Service provides file storage functionality for company documents, employee records, and related files. WorkHorse FS LLC makes no representations or warranties that uploaded files will be stored indefinitely or without interruption; that files are protected against all forms of data loss, corruption, or unauthorized access; or that the Service is a suitable backup solution for critical business documents.

You are solely responsible for maintaining independent backups of all critical documents and files (see Section 15). Upon termination of your Subscription, files stored in the Service will be retained for 30 days, after which they may be permanently deleted.

WORKHORSE FS LLC SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS OF FILES STORED IN THE SERVICE.

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27. NO PROFESSIONAL ADVICE

WorkHorse FS LLC is a software company and is not a licensed accounting firm, legal services provider, financial advisor, tax advisor, payroll service provider, or human resources consulting firm. Nothing in the Service or these Terms constitutes:

• Accounting advice or services

• Legal advice or services

• Tax advice or services

• Financial planning or investment advice

• Payroll compliance advice

• Human resources or employment law advice

You should always consult with qualified professionals in the relevant fields for advice specific to your business situation. WorkHorse FS LLC shall not be liable for any decisions made based on information or features provided by the Service.

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28. ACCOUNT AND COMPANY DELETION

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28.1 Individual Account Deletion

Any user may request deletion of their own account through Settings. Individual account deletion removes that user’s account and personal information; the Company and its data are unaffected. If the requesting user is the Company’s last active administrator, the Service will require the user to first transfer ownership to another team member or, if the user is the Owner, to instead delete the entire Company.

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28.2 Company Deletion (Owner Only)

Only the Company’s Owner may delete the entire Company. Company deletion cancels the Subscription (effective at the end of the current billing period unless the deletion is finalized sooner) and schedules the Company and its data for deletion.

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28.3 Grace Period, Recovery, and Finalization

Deletion requests are subject to an approximately 30-day grace period during which access is suspended but the deletion can be cancelled via the provided recovery link, fully restoring the account or Company (including, in the ordinary case, the Subscription). After the grace period, deletion is finalized: personal identifiers are deleted or anonymized, authentication accounts are permanently deleted, and business financial records may be retained in de-identified form for record-keeping integrity as described in our Privacy Policy. Finalized deletion cannot be undone.

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28.4 Export Requirement

Because you are legally responsible for retaining your own business records (Section 15), the deletion flow requires you to export your data, or to expressly acknowledge that you have your own copies, before deletion proceeds. WorkHorse shall have no obligation to provide, reconstruct, or recover any data after deletion is finalized.

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29. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORKHORSE FS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WORKHORSE FS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL WORKHORSE FS LLC’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO WORKHORSE FS LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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30. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless WorkHorse FS LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from: (a) your violation of these Terms; (b) your User Data; (c) your use of the Service; (d) your failure to obtain required employee or End Customer consents; (e) payments you accept from End Customers, including chargebacks and disputes; (f) communications sent at your direction through the Service; or (g) your violation of any applicable laws or regulations.

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31. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

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32. DISPUTE RESOLUTION

Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting us at contact@work-horse.org. We will attempt to resolve the dispute within 30 days of submission.

If informal resolution fails, any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in St. Petersburg, Florida. You agree to waive any right to a jury trial and to participate in any class action lawsuit or class-wide arbitration.

Exceptions to arbitration: (1) small claims court cases that qualify; (2) disputes related to intellectual property; (3) claims for injunctive relief.

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33. TERMINATION

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination: (a) your license to use the Service will immediately cease; and (b) you will lose access to User Data stored in the Service. We will retain your data for 30 days after termination, after which it may be permanently deleted (subject to the de-identified financial record retention described in our Privacy Policy). You may export your data at any time before termination, and you are responsible for doing so (Section 15).

If you wish to terminate your account, you may use the deletion flows in Settings (Section 27) or contact us at contact@work-horse.org.

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34. CCPA COMPLIANCE (CALIFORNIA RESIDENTS)

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we have collected, the right to request deletion, the right to opt out of the sale of personal information (we do not sell your personal information), and the right to non-discrimination for exercising your CCPA rights. To exercise these rights, contact us at contact@work-horse.org. We will respond to verified requests within 45 days. See our Privacy Policy for details.

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35. FORCE MAJEURE

WorkHorse FS LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, disease, strikes, or failures of third-party services, telecommunications, or infrastructure.

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36. ENTIRE AGREEMENT

These Terms, including our Privacy Policy and any other agreements referenced herein (including the Stripe Agreements applicable to your connected account), constitute the entire agreement between you and WorkHorse FS LLC regarding your use of our Service and supersede any prior agreements between you and WorkHorse FS LLC relating to your use of our Service.

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37. WAIVER AND SEVERABILITY

The failure of WorkHorse FS LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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38. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of WorkHorse FS LLC, but may be assigned by WorkHorse FS LLC without restriction.

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39. SURVIVAL

All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, backup and export responsibilities, warranty disclaimers, indemnity, and limitations of liability.

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40. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

• By email: contact@work-horse.org

• By visiting our website: https://www.work-horse.org

• By phone: (843) 284-6209

• By mail: 7901 4th St N, Suite 300, St. Petersburg, FL 33702