© 2024 Warp · 169 Madison Ave, #2298, New York City, NY 10016
Last updated Sep 10, 2024
These Terms of Service (the "Terms" or "Agreement") constitute a legally binding agreement between you ("User") and Warp dba Poaster Technologies Inc., a Delaware corporation, including its subsidiaries and affiliates ("Warp," "we," "us," or "our"). These Terms govern User's access to and use of Warp's platform, including any websites, applications, software, and support services (collectively, the "Platform"), through which Warp provides its products and services (the "Services").
For purposes of these Terms, "User" includes any individual accessing the Platform through an Employer account. "Employer" refers to the entity that has an existing agreement with Warp and has authorized User's access to the Platform. Where User is a contractor receiving payments through the Platform, such User shall be referred to as "Contractor."
By accessing or using the Platform or Services, or by clicking "Accept," "Agree," or any similar button indicating acceptance, User acknowledges that they have read, understood, and agree to be bound by these Terms, including any additional terms, policies, or guidelines referenced herein and incorporated by this reference. If User is accepting these Terms on behalf of an entity, User represents and warrants that they have the authority to bind such entity to these Terms.
These Terms may be updated or modified by Warp from time to time in its sole discretion. User's continued use of the Platform following any such changes constitutes acceptance of the modified Terms.
All right, title, and interest in and to the Platform, Services, and all materials, features, and content therein (collectively, "Warp Intellectual Property") are and will remain the exclusive property of Warp and its licensors. This includes, without limitation:
1. The Platform and Services architecture, including any modifications, improvements, and updates thereto;
2. All intellectual property rights, whether registered or unregistered, including patents, copyrights, trade secrets, trademarks, and other proprietary rights.
This Agreement confers no ownership rights to User. User shall not attempt to copy, modify, distribute, decompile, reverse engineer, or create derivative works of any Warp Intellectual Property. User shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive or determine the source code of the Platform, Services, or any component thereof. All rights not expressly granted to User pursuant to this Agreement are hereby reserved by Warp and its licensors.
User acknowledges the Platform and Services are protected under United States and international intellectual property laws. User shall preserve all proprietary notices, legends, and markings included in the Warp Intellectual Property.
In the event User provides suggestions, comments, or other feedback regarding the Platform or Services ("Feedback"), such Feedback shall be deemed irrevocably assigned to Warp, including all associated intellectual property rights, without any compensation or obligation to User.
Warp grants User a limited, revocable, non-exclusive license to access and use the Platform and Services solely for their intended purpose and subject to this Agreement and any supplemental terms.
User's access to and use of the Platform and Services shall be subject to Warp's Privacy Policy (available at joinwarp.com/privacy), which is incorporated herein by reference. Warp reserves the right to modify the Privacy Policy at any time in its sole discretion.
These terms in Section 3 ("Contractor Payment Terms") shall apply to any contractor receiving payments through the Platform from their respective Employer.
Any contractor utilizing the Platform hereby represents and warrants that they:
1. Maintain a valid and active bank account within the United States; and
2. Have duly completed and submitted Internal Revenue Service Form W-9.
The Platform serves exclusively as a payment processing service. Employer shall have sole responsibility for all employment classifications, work authorizations, and related determinations. Contractor hereby irrevocably releases and forever discharges Warp and its affiliates from any and all liability arising from such determinations. Contractor shall comply with all applicable laws, rules and regulations. Warp reserves all rights, in its sole and absolute discretion, to suspend or terminate payment processing services in accordance with all applicable federal and state regulations.
User's use of the Platform and Services shall be entirely at User's own risk. The Platform and Services are provided for informational purposes only. User acknowledges and agrees that Warp does not provide legal, regulatory, tax, financial, accounting, employment, or other professional advice through the Platform or Services.
User bears sole responsibility for compliance with all applicable laws, regulations, and professional obligations. No content, feature, or communication provided through the Platform or Services, including without limitation any interaction with Warp support personnel, shall constitute professional advice or be relied upon as a substitute for independent legal counsel or other qualified professional advisors.
Warp makes no representations or warranties regarding any outcomes or results from the use of the Platform or Services. User acknowledges that Warp does not guarantee accuracy, completeness, or specific outcomes related to use of the Platform or Services.
Warp reserves the right to terminate this Agreement and User's access to the Platform and Services immediately and without prior notice, in its sole and absolute discretion. Warp shall not be liable for any losses, damages, or expenses arising from such termination. If User is determined to be a competitor of Warp or is found to be using the Platform or Services in a manner that benefits Warp's competitors, Warp shall notify User via email of such determination and may immediately terminate User's access.
User may terminate this Agreement by providing written notice to Warp through Intercom or email.
Upon termination of this Agreement for any reason, User's access to the Platform and Services shall immediately cease. Such termination shall not affect any rights, obligations, or liabilities that accrued prior to the effective date of termination.
All provisions of this Agreement relating to proprietary rights, confidentiality, disclaimers, limitations of liability, indemnification, and payment obligations shall survive the termination or expiration of this Agreement.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. BY ACCEPTING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR LEGAL RIGHTS.
BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THE FOLLOWING:
1. YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
2. YOU WAIVE ANY RIGHT TO INITIATE OR PARTICIPATE IN ARBITRATION PROCEEDINGS AGAINST WARP.
3. YOU WAIVE ANY RIGHT TO PURSUE ANY LEGAL ACTION OR PROCEEDINGS AGAINST WARP.
In the event User experiences any issues with the Platform or Services, User's sole remedy shall be to contact Warp's support team through Intercom or email. Upon receipt of such notice, Warp shall refund User's remaining subscription amount, if any, less applicable processing fees, at Warp's sole discretion. Such refund shall constitute full and final settlement of any dispute.
TO THE FULLEST EXTENT PERMITTED BY LAW, USER EXPRESSLY WAIVES ALL RIGHTS TO CLASS ACTION PROCEEDINGS AND AGREES NOT TO PARTICIPATE IN ANY COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS OF ANY KIND.
The provisions of this Section 6 shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. As set forth in Section 6, User has waived all rights to initiate any legal proceedings, arbitration, or other formal dispute resolution processes against Warp.
Warp shall not be liable for any delay or failure in performance under this Agreement arising from circumstances beyond its reasonable control, including without limitation: acts of God, governmental actions, changes in laws or regulations, embargoes, wars, terrorist acts, civil unrest, natural disasters, fires, floods, pandemics, power failures, telecommunications or Internet disruptions, cyber attacks, system outages, third-party service provider failures, technical malfunctions, or acts or omissions of Employers, Users, or any third parties. The time for performance of any such obligation shall be extended for the period of such delay or prevention.
This Agreement constitutes the complete and exclusive agreement between Warp and User regarding the Platform and Services, superseding all prior or contemporaneous agreements, proposals, discussions, or communications, whether written or oral. If any provision of this Agreement is held to be unenforceable, such provision shall be modified to the extent necessary to make it enforceable or, if such modification is not possible, shall be stricken from this Agreement without affecting the enforceability of the remaining provisions.
User shall not assign or transfer this Agreement, whether by operation of law or otherwise, without Warp's prior written consent. Any attempted assignment or transfer in violation hereof shall be null and void. Warp may freely assign or transfer this Agreement and any rights hereunder without restriction. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and permitted assigns.
All notices, consents, and communications under this Agreement shall be provided by Warp: (i) via email to User's registered email address, or (ii) through notifications posted on the Platform. For email notices, the date of receipt shall constitute the date of notice. For Platform notifications, the date of posting shall constitute the date of notice.
Warp's failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver of rights by Warp must be express, in writing, and signed by an authorized representative of Warp. The exercise of any right or remedy provided in this Agreement shall be without prejudice to Warp's right to exercise any other right or remedy.
For any questions regarding this Agreement or the Platform and Services, User may contact Warp through:
- Intercom (available within the Platform)
- Email: contact@joinwarp.com
Warp does not accept inquiries, feedback, or complaints at its physical locations. All communications must be directed through the designated support channels listed above.
For direct assistance and fastest response times, Users are encouraged to use the in-Platform Intercom support feature.
© 2024 Warp · 169 Madison Ave, #2298, New York City, NY 10016