pepelwerk

General Terms of Use


Effective Date: August 8, 2022

Welcome to pepelwerk. These Terms and Conditions of Use apply and govern the use of our digital products, content and off-life services that are accessed through or made available through a Services and/or mobile application and are designed to provide experiences for a law-abiding community who conduct themselves with integrity, authenticity, and respectable character. By using pepelwerk, you are agreeing to all the terms and conditions below.


These terms of use are entered into by and between you (referred to throughout as “user”, “registered user”, “guest”, “visitor”, “member”, “you”) and pēpəlwərk, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents that expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to, code of conduct, use of any content, functionality and services offered on or through www.pepelwerk.com, whether they are accessed or viewed on any third-party platforms, or pepelwerk owned platform, application or other digital or off-line product or service of the Company (collectively, the “Services”).

Please read the Terms of Use carefully before you start to use the Services. By using, interacting or continued access of, the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. If you proceed to scroll, view attempt or creep on our digital content, you have agreed to the Terms.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH PEPELWERK AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

Please feel free to contact us at [email protected] if you have any questions.

Guest or User Intent

Guest, is a person, companies, organizations or software systems who view the Company’s Services, data, content, services or products (digital or non-digital) without registering for use. A User, is a person, companies or organizations, who register to gain access to the Services, data and content of the Company. Both Guests and Users agree to use the products, information and services provided by the company for good intention. This means, if you are here to hack, harm, steel, manipulate our data or our user’s data, you should not continue. Meaning we do not give anyone with that type of intent to infringe our rights or our users right to digital safety. Your continued use of the Services means that you understand and will comply with good intent policy.

1. Use of the Services

1.1 Who can use

The content made available through our Services, does not have any age limitations, however, there may be age limitations for the use of our services and software and sometimes additional terms or requirements will apply. By using this Services, you represent and warrant that you are of legal age to form a binding contract with the Company, or have obtained consent from a legal guardian, and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services or any of the Company’s products or services.

1.2 Your Account

To access Services by pepelwerk.com you will have to create an account. It’s important that you keep your account accurate and up to date. Your account may also automatically provide you access and means to use any new Services.

1.3 Accessing the Services and Account Security

We reserve the right to withdraw or amend Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:
· Making all arrangements necessary for you to have access to the Services.
· Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with this Services or otherwise, including but not limited to using any interactive features on the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

1.4 Changes to the Terms of use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

1.5 Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Additionally, you agree not to:
· Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
· Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
· Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Services.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
· Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Services

1.6 Monitoring and Enforcement; Termination

We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
· Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

1.7 Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

1.8 Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

1.9 Changes to the Services

We may update the content on this Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

1.10 Information About You and Your Visits to the Services

All information we collect on this Services is subject to our Privacy Policy using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

1.11 Online Purchases and Other Terms and Conditions

All purchases through our web-based portal or purchases that are made on your behalf that cover your transactions, access, or services, or information formed through the Services or because of visits made by you are governed by our Payment Terms, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into the Terms of Use.

1.12 Geographic Restrictions

The owner of the Services is based in the state of Texas in the United States. We provide this Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries, or in certain states. If you access the Services from outside the United States, or in countries where services are restricted or prohibited, you do so on your own initiative and are responsible for compliance with local laws.

2. Ownership and Use of Content

2.1 Intellectual Property Rights

The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [email protected]

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

2.2 Trademarks

The Company name, the terms and slogans, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.

2.3 Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy or instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

2.4 User Contributions

The Services may contain sharing functions, news feeds, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out below in these Terms of Use.

Any User Contribution you post to the site or your account will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings and with the intended use of pepelwerk.

You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

2.5 BIOMETRIC INFORMATION PRIVACY STATEMENT

pepelwerk will not sell, rent, or trade your Biometric Information, and after verification you may request, we delete your Biometric Information. Your Biometric Information will only be used by Pepelwerk to verify your identity in accordance with the guidelines published by the National Institute for Standards and Technology or as required for the prevention of fraud. Pepelwerk will transfer your Biometric Information to our third-party partners only when required by a subpoena, warrant, or other court ordered legal action.

2.6 BIOMETRIC INFORMATION PRIVACY POLICY

This Biometric Information Privacy Policy describes how Pepelwerk collects and uses certain Biometric Information, including facial geometry, in connection with the Services we provide, and you voluntarily elect to participate in or use.

Please carefully review this Biometric Information Privacy Policy prior to consenting to our collection and use of your Biometric Information. Please note that once consent has been provided for the collection and processing of Biometric Information as part of your verification it may not be revoked where it is required to complete the transaction for which it was collected, or to complete the verification Services.

Additionally, by consenting to the collection and use of your Biometric Information you acknowledge that you have been provided with, and agree to be bound by, the Pepelwerk Terms of Service and the Pepelwerk Privacy Policy.

Biometric Information is a form of Personal Information related to biometric characteristics which may be used to identify you. Common examples include fingerprints, voiceprints, scans of a hand, facial geometry recognition, and iris or retina recognition. As used in this policy, Biometric Information includes any “biometric identifiers” or “biometric information” as defined under applicable law.

The information we collect will vary depending on the specific type of Services you voluntarily access or use. Many Pepelwerk Services do not require Biometric Information,

When you sign up for an applicable pepelwerk Service we may collect the following Biometric Information:
• Facial Biometrics: Our Service may require you to upload an image of your government issued or other identification document(s) as well as your photographic image or “selfie” photograph using your mobile or other device. We use these images to create a facial geometry or faceprint which we use for purposes of identity verification and to prevent the creation of multiple accounts in a fraudulent manner.

We use your Biometric Information only as follows:
• To demonstrate you are credible user and verify your identity when you are opening an account or using our Services.
• To authenticate your profile and use of your account and the Services for a transaction.
• To prevent fraudulent uses of pepelwerk’s Services or the creation of multiple accounts; and
• To help you identify attributes

Pepelwerk will only share your Biometric Information with our partners in the following circumstances:
• To third party service providers that perform functions on our behalf. These service providers are limited to using the Biometric Information to assist in our provision of Services, and must maintain any Biometric Information we share in a secure fashion.

Pepelwerk will not sell, rent, or trade your Biometric Information. Your Biometric Information will only be used by pepelwerk to verify your identity in accordance with the guidelines published by the National Institute for Standards and Technology or as required for the prevention of fraud. In fulfilling our Services to you, pepelwerk will transfer your Biometric Information to our third party partners only when required by a subpoena, warrant, or other court ordered legal action.

Pepelwerk may retain your Biometric Information for up to thirty-six months. Pepelwerk collects and processes your Biometric Information to verify your identity and help prevent fraud. Biometric Information is retained in line with Pepelwerk’s obligations to our partners, with the specific retention periods determined by the first partner with whom a user first verifies their identity (e.g., IRS, Dept. of Veterans Affairs, a state workforce agency, etc.) Certain partners may require this information to be purged within twenty-four (24) hours following a successful verification, other partners may require a longer retention period, but under no circumstances will Pepelwerk retain this information for longer than thirty-six (36) months absent a subpoena, warrant, or other legally compelling justification.

For Pepelwerk members who are residents of Illinois, in accordance with Illinois state law pepelwerk will retain Biometric Information only until the occurrence of the first of the following:(a) The initial purpose for collecting or obtaining such Biometric Information has been satisfied; or (b) Three (3) years following your last interaction with Pepelwerk.

Yes, you may direct Pepelwerk to delete your Biometric Information. After successfully verifying your identity, you may request that pepelwerk delete your Biometric Information. You may request the deletion of both the selfie image and Biometric Information submitted during your verification by submitting a request through the Pepelwerk “Privacy Rights Center” which is accessible via a link at the bottom of our Services, or under the “Privacy” setting in your account. Deletion of the selfie image and associated Biometric Information may take up to seven (7) days and will not impact the validity of your credential or verified status. Pepelwerk reserves the right to retain this information as needed to comply with our legal obligations, including warrants, subpoenas, or other court orders, or to help prevent fraud.

Pursuant to the California Consumer Privacy Act of 2018 (CCPA), residents of California are entitled to additional rights and disclosures regarding their Personal information, including Biometric Information. Please see our Notice to California Residents for additional details regarding these disclosures and how to exercise your rights. If you are a resident of California, it is responsibility to notify us directly of your request at [email protected]

Yes, you may refuse to consent for the collection of your Biometric Information. Please note that if you refuse to consent to the collection and processing of your Biometric Information then we may not be able to verify you at the required level of assurance for use of all our Services.

We are committed to protecting your information. We have adopted technical, administrative, and physical security procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure.

We employ appropriate security safeguards. To safeguard certain sensitive information (such as Biometric Information and government-issued identification information), we implement security measures such as encryption, firewalls, and intrusion detection and prevention systems.

This Biometric Information Privacy Policy may be periodically updated. From time-to-time we may update this policy to reflect new features or changes in our Personal Information practices or our Services. We will post a notice for users at the top of this Privacy Policy addressing any significant changes.

3. Third Party Links and Services

Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.

3.1 Social Networking and Logins

You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook (“Social Networking Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the Services of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third-Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party Services or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

3.2 Third-Party Applications

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

3.3 Third Party Products

Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products (e.g., fitness trackers, smart scales, etc.). While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.

3.4 Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Services may provide certain social media features that enable you to:
· Link from your own or certain third-party Servicess to certain content on this Services.
· Send e-mails or other communications with certain content, or links to certain content, on this Services.
· Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party Servicess.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any Services that is not owned by you.
· Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Services other than the homepage.
· Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms of Use.

The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

3.5 Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Services linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.

4. Accessing Services

We would like to make all services available on a variety of platforms but that is not always possible. Every app store provider, platform, or marketplace where you may access pepelwerk has different requirements based on who owns the service or what location the service is provided in and the local laws or business policies that govern it.

If you have an access concern, please email [email protected]

4.1. App stores

For these reasons mentioned above, we can’t guarantee which app store(s) is(are) compatible or that they will include all the same features that are available through web-based platforms. If you use an App, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.

If you download the App from a third-party app store (the “App Provider”), you acknowledge and agree that:
• The Terms are an agreement between us, and not with the App Provider. As between pepelwerk and the App Provider, pepelwerk is solely responsible for its applications;
• The App Provider has no obligation to provide any maintenance and support services with respect to the App;
• In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Pepelwerk and the App Provider, Pepelwerk’s responsibility;
• The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App;
• If a third party claims the App infringes another party’s intellectual property rights, as between the App Provider and Pepelwerk, Pepelwerk will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
• The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and
• You must also comply with all applicable third-party terms of service when using the App.

4.2 Wireless Carrier and Device Considerations

To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. We do not charge for use of the App. Your phone company’s normal messaging, data, and other rates and fees, however, will still apply. You may be required pay fees to access certain special features and content.

4.3 Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the App, such open-source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

5. Work-life guidance, job matching, learning and other Services

It’s important to us that everyone get access to the tools, services, information, and innovations in technology that help people achieve realistic work-life goals and make informed decisions about what to do for education, jobs, mentorship, and community connections. We provide the advice, suggestions, and recommendations to you based on your input, approval, and consent. If you accept our recommendations, guidance or suggestions and act on them, you are doing so of your own free will.

Please be responsible and use your best judgment and common sense.

We provide our Services for information purposes only and can’t be held liable if you suffer any adverse unintended consequences.

5.1 Safety First

Pepelwerk cares about your safety. We are closed marketplace eco-system helped to reduce your profile and personal information from being scraped or misused by public domain digital and cloud-based platforms. That doesn’t mean we can eliminate it completely.

Follow these guidelines improve your safety and security:
• Keep communication in the platform.
• Do not give anyone your home address
• If you meet with someone in person, make sure it is in a public location and during day-light hours

If you feel threaten or unsafe in any way, immediately report the concern to [email protected].

We are not responsible or liable, either directly or indirectly, for any injury (mental, physical or otherwise), illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction, or negligence of Pepelwerk or others.

5.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, are not produced by Pepelwerk, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

In particular, Pepelwerk’s matching database and recommendations engine (“Matching Database”) contains a combination of information entered by pepelwerk. pepelwerk members and third-party sources. Any user of the Services can contribute to or edit information in the Matching Database. Please be advised that matching information in the Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. Pepelwerk does not (i) guarantee the accuracy, completeness, or usefulness of any matching information or recommendations in or made because of the Matching Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such information. To the extent permitted by applicable law, under no circumstances will pepelwerk be responsible for any loss or damage (physical, mental, financial, or otherwise) resulting from your reliance on Matching Database. You are solely responsible for use and interpretation of this information.

Not all users who may identify themselves as career coaches or mentors are licensed, or need to be licensed, in all applicable jurisdictions. Pepelwerk has no and assumes no obligation to verify that users who identify themselves career coaches or mentors are licensed or qualified. Relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will pepelwerk be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.

The Premium Services provide you access to certain specialized Content—namely coaching and guidance and goal setting and management (“Plans”). The Plans are only recommendations. They should be taken as a point of view, opinion, and suggestion. Plans are not a substitute for and are not an alternative to taking all necessary actions independently to accomplish your work goals. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.

5.4 Success Stories Not Typical

Success stories posted by users or pepelwerk on our Services may not represent typical or even accurate results obtained from interacting with or using the Companies Services. To the extent permitted by applicable law, Pepelwerk has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any recommendation contained in any user success stories.

5.5 Accuracy

The Services are intended to provide you with information to encourage you to reach your work life goals. Some of the Services are aimed at tracking your activity (“Activity Tracking Services”). These Activity Tracking Services rely on collecting your user behavior while using Services. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity and will be up to the user to edit, change or modify to ensure accuracy. By using Activity Tracking Services, you acknowledge and agree that pepelwerk is not responsible or liable for any inaccuracy in such data.

6. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICESS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICESS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICESS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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8. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

9. Governing Law and Jurisdiction and Arbitration

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

YOU AND PEPELWERK, LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

10. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Waiver and Severability

All information we collect on this Website is subject to our Privacy Policy y using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Entire Agreement

The Terms of Use, our Privacy Policy, Copyright Policy, Payment Terms, and User Agreements constitute the sole and entire agreement between you and pepelwerk, LLC. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

13. Your Comments and Concerns

The Services under this agreement are operated by pepelwerk, LLC all feedback, comments, requests for technical support, copyright infringement claims and other communications relating to the Services should be directed to [email protected] .

Original Works and Copyright Agreement



It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal

distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).


Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).

Payment and Purchase Terms and Conditions



THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, APPLICATIONS OR SOFTWARE SYSTEMS OWN BY PEPELWEK YOU AFFIRM THAT YOU ARE OF LEGAL AGE OR HAVE RECEIVED CONSENT FROM YOUR LEGAL GAURDIAN TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR REPRESENTING AN ORGANIZATION, INSTITUTE OR COMPANY, YOU HAVE GIVEN THE LEGAL AUTHORITY TO BIND ANY PERSONS OR ENTITIES TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE OR ANY OTHER APPLICATION OR SOFTWARE OWNED OR OPERATED BY PEPELWEK IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 16 YEARS OF AGE WITH LEGAL GAURDIAN CONSENT OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PEPELWERK, LLC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.


These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through www.pepelwerk.com or any platform, application or software owned by the Company (the “Site“). These Terms are subject to change by pepelwerk LLC. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Service Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

Purchase Terms. You agree and understand that the Company provides a variety of services and products that are available to our users. Such goods are selected by the user and confirmed by the user prior to charges/deductions or payments for such services.

Right of Refusal. We may choose not to accept a user’s request to purchase services from the Company at our sole discretion.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your goods total, and will be itemized in your shopping cart or confirmation screen and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion.  Each product or service has its own payment type, amount, frequency and calculations. Payment types are as follows but not limited to:  pay-as-you use, pay-per-match, pre-paid for subscriptions, accumulation of charges for individual charges or flat annual fees. All amounts are due according to type of service and the date the services were used.

Late or overdue payments past 5 day grace period will cause your account and all services to be frozen until the accounts balance is paid in full.

Acceptable payment methods are provided prior to services rendered and are at the users discretion. You represent and warrant that (i) the form of payment and the information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

All prices are in US dollars. Any transaction outside of the US or made with foreign currency will be charged the equivalent price in US dollars of that foreign currency.

Shipments; Delivery; Title and Risk of Loss. In the event that we need to ship a product user assumes all costs and risks after we have shipped it.

Refunds. WE OFFER NO REFUNDS ON ANY SERVICES DESIGNATED ON THIS SITE.

Disclaimers. While the Company tries every reasonable measure to provide a reliable, honest, ethical and trustworthy experience we do not control the people, companies, organizations, intuitions or groups that use or services morale conduct. Therefore, we cannot be held responsible for their actions.

ALL SERVICES OFFERED ON THIS SITE ARE HELD HARMLESS FROM WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE ACTIONS OF OTHER USERS FAILURE TO PROVIDE HONEST, ACCURATE INFORMATION OR ANY MISREPRENSENTATIONS OF OUR USERS.

Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

Dispute Resolution and Binding Arbitration.

YOU AND PEPELWERK LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PEPELWERK LLC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Pepelwerk LLC.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as by personal delivery, overnight courier or registered or certified mail to address provided on the Contact Us page of the website. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement. These terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

People App Terms of Use



Reference the pepelwerk Terms of Use with Course Matching Terms of Use.
 

Pepelwerk makes available through our Work Hub cloud software solution (formerly Educator Hub) the Course Center. Through our marketplace, the Course Center enables organizations and individuals offering courses, certificate, master class, degree-based programs the ability to source, register and enroll new learners by matching them with Course Profiles.


Terminology and Conditions
 

Account Owner 

Individual who is legally and financially responsible for all activities on pepelwerk.  

Organization or Instructor Profile for Course Center:  

Organizations or Instructors must complete an administrative profile and a matching profile.  

An administrative profile requires a FEIN, EIN, OPE ID, IPEDS ID or SSN to complete registration. We need to ensure that you are a legally registered business and/or individual that can and will comply with local laws and regulations. You will also be asked to submit a payment method or provide a deposit account for pepelwerk to charge and/or for pepelwerk to deposit earned fees.  

A matching profile is a view of the teacher/instructor or organization that you want to be viewed by potential students when they match with your learning opportunity.  

Course Matching  

Course Matching is the result of matching your course requirements to interested people that are registered users of the pepelwerk people app and actively participate in activities. pepelwerk does NOT control which courses are viewed, selected, enrolled in, or registered in. The registered people app user, at their own discretion, chooses which courses to engage with.  

Course Profiles  

Course profiles are used by the organization or instructor to describe when, where, what skills learned, how much the course is and the acceptable payment methods. The Course Profile is what the registered user will view to determine interest, enrollment, registration and to confirm completion. 

Module Fees 

Pepelwerk charges annual subscription fees for the use of any module or feature.

Registration Fees  

Pepelwerk charges per user transaction fees for every paid learner that completes registration and enrollment into a course they matched with on pepelwerk. Pepelwerk collects these fees regardless of whether the user completes registration in the pepelwerk cloud software solution or is redirected to an external source to complete registration and submit payment.  

Payments to pepelwerk 

Pepelwerk charges an annual subscription fee for the Course Center module plus $50 or 10% (whichever is greater) of course registration fees, per enrolled learner. 

Payments to the Account Owner from pepelwerk 

When an organization or individual uses Course Center and creates Course Profiles that accept any of the following payment types: Employer Sponsored, Grants, Federal/State Funding Sources or Scholarships/Foundations AND pepelwerk manages those payment types AND is responsible for collecting funds from the assigned payor. Pepelwerk will pay the Account Owner earned registration fees minus any fees due to pepelwerk. Payments are due to the Account Owner 15 days from the time pepelwerk receives payment from the payor. It is the responsibility of the Account Owner to communicate with pepelwerk Customer Success team to ensure payment accuracy, timing, and method. 

Payment Types Definitions 

Employer Sponsored: pepelwerk will bill our customers for the cost of registration.  

Grants: pepelwerk and/or non-profit organizations that we work with will make available funds to cover the expenses for courses, master classes, certificate, license or degree-based programs for our individual members of the People Hub/App that are directly related to them getting or keeping employment. Grant funds are available on a first come first serve basis. On transactions, customer information and course information must be accessible to pepelwerk for the purposes of reporting and compliance with Grant requirements.   

Federal/State Funding Sources: pepelwerk and/or non-profit organizations that we work with will make available funds to cover the expenses for courses, master classes, certificate, license, or degree-based programs for our individual members of the People Hub/App that are directly related to them getting or keeping employment. We act as the distributor of funds for the original payor or provide reporting information to the payor to release funds. Pepelwerk does not control or make any decisions related to how much, when or if the payor will pay.  

Scholarships/Foundations: pepelwerk and/or non-profit organizations that we work with will make available funds to cover the expenses for courses, master classes, certificate, license, or degree-based programs for our individual members of the People Hub/App that are directly related to them getting or keeping employment. Funds are available based on the activities and registration of our members of the People Hub/App. Receiving payout from these sources requires the course profile to be complete and course information must be accessible to pepelwerk for the purposes of reporting and compliance with distribution requirements. 

Responsibilities  

pepelwerk will make software systems consistent, available during prime business hours and make every reasonable attempt to maintain users personal or financial information private and secure.  

Client will make every reasonable attempt to adhere to minimum job and utilization commitments. 

Modification of Terms 

Any changes, modifications, revisions, or amendments to Terms of Use or Agreements is at the sole discretion of pepelwerk.  Any changes shall be incorporated in written notice, and effective on the communicated effective date. 

Termination 

Users can deactivate their accounts at any time. However, all modules of the Work Hub require a initial commitment term of 1 year (calculated from account creation date plus 365 days). This means that even when an account is deactivated the Account Owner is still financially responsible for all products, services, and platform usage fees for the initial commitment term. 

Commitment to Quality Useful Learning  

Pepelwerk is not a course provider. We commit to all users of the pepelwerk marketplace that when we provide them with options to build their knowledge, build their workforce, close their skills gap or learn an in-demand skills that those providers have made personal commitment to quality, relevant, useful, outcomes driven course work, curriculum, or training content. If you cannot commit to this, you should not provide courses. If you are reported by other users for poor quality, your account may be suspended or deactivated.

Rights to Course Work, Curriculum or Training Content 

We do not own, manage, define, or review course work, curriculum, or training content. The work provided or used by pepelwerk users is solely owned by Account Owner and/or their assigned users.  

Safety, Confidentiality and Security  

All instructors or course managers on behalf of the Account Owner must agree to and comply with all safety, confidentiality and security requirements covered in the General Terms of Use. 

 All Rights Reserved  

Privacy Policy


pepelwerk, LLC (“Company”,”We” or “US”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the privacy practices of the company. Including the types of information, we may collect that you provide voluntarily and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect:

  • Through websites operated by us from which you are accessing the Privacy Policy, including www.pepelwerk.com (our “Website”) and other websites owned or controlled by the Company.
  • In email, text, and other electronic messages between you and this Website.
  • Through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), whether you may download from this Website or another site, which provide dedicated non-browser-based interaction between you and our software applications for any source.
  • Through our social media pages that we control from which you are accessing this Privacy Statement (collectively, our “Social Media Pages”).
  • Through HTML-formatted email messages that we send you that link to this Privacy Statement and through your communications with us.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
  • Offline or through any other means, including on any other website operated by Company or any of our affiliates and subsidiaries.


All of the above are referred to as “Touchpoints”


It does not apply to information collected by:

  • Any third party who is not an affiliate or subsidiaries, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

If you do not agree with our policies and practices, your choice is not to use the Company’s services or interact (online or offline) in anyway with the Company. By accessing or using this Website, downloading the application, accessing our software, you agree to this privacy policy.

This policy may change from time to time. Your continued use of the Company’s service (online or offline), or viewing any digital or printed works of the Company, after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Policy on Users who are considered Minors/Children

Our services are not intended for children who are not of legal working age according to the governing laws of the country of citizenship and the country of employment.

Under no circumstances should a user who is under the age of 16 years enroll as user or engage with the Company in any way.

If you are between the ages of 16 and 18, or considered a minor dependent on parental or guardian consent to engage in work activities, then you must get the consent prior to accepting working opportunities. Some personal information, because of the sensitive nature, will require consent for legal guardians before the minor can proceed with Company services. Any data that a minor voluntarily provides as the user is used to benefit the user in getting connected with work.

You must attest that you have received such permission when you complete registration for service, stating that “I am a minor between the ages of 16 and 18 years and have permission from my legal guardian to participate in services from the Company.”

If we learn we have collected or received personal information from a child under legal working age without verification of parental consent, we will delete all of the users information. If we have reason to believe that any user is under the of 16, the account will immediately be deleted along with any user information.

If you believe we might have any information from or about a minor, please contact us immediately at [email protected]

Information We Collect About You and How We Collect It

We collect several types of information from and about potential users and registered users through our Touchpoints including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, or ANY OTHER INFORMATION COLLECTED THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW and any other identifier by which you may be contacted online or offline (“personal information“).
  • That is about you but individually does not identify you; and/or
  • about your internet connection, the equipment you use to access our services and usage details.

We collect this information:

Directly from you when you provide it to us.

Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

From third parties, for example, our business partners.

Information You Provide to Us. The information we collect on or through our Touchpoints may include:

  • Information that you provide by filling in forms on any Touchpoint. This includes information provided at the time of registering to use our services, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our services.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Touchpoints and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our software.
  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our services according to your individual interests.
  • Speed up your searches, improve the accuracy of match results.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies: Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons: Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

The company does not sell advertising or the access to our users information.

However, while we apply every reasonable preventive measure to secure our environment, there will always be assholes and we cannot control all cyber activities that can cause untended exposure to our user’s data.

Third-Party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our services and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our services or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our service.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you

We will use the information you voluntarily provide and that we have collected from you to enable us to display better user experience.

Retention of Your Information

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.

The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services)
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them)
  • Whether retention is advisable considering our legal position (such as, for statutes of limitations, litigation or regulatory investigations)

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Pepelwerk, LLC.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Pepelwerk, LLC. about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use or payment terms, user agreements and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of pepelwerk, LLC, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising: If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by notifying Pepelwerk, LLC. at [email protected]. You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].
  • Promotional Offers from the Company: If you do not wish to have your email address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by out by notifying Pepelwerk, LLC. at [email protected] or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
  • Targeted Advertising: If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by notifying Pepelwerk, LLC. at [email protected] You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or send in writing to the address provided on the contact page of the website.

Data Across Boarders

Pepelwerk LLC is global organization and provides a global service. Sharing data cross-border is essential to our Services so that can provide the same high-quality service wherever you are in the world. As a result, we will, subject to law, transfer Personal Data and Other Data collected in connection with the Services, to entities in countries where data protection standards may differ from those in the country where you reside. By using our services you understand that we transfer your Personal Data globally.

In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries will be entitled to access your Personal Data.

Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected]

Pepelwerk, LLC

17250 Dallas Pkwy Addison, TX 75248

User Agreement


Effective Date: August 8, 2022

Welcome to pepelwerk. These Terms and Conditions of Use apply and govern the use of our digital products, content and off-life services that are accessed through or made available through a Services and/or mobile application and are designed to provide experiences for a law-abiding community who conduct themselves with integrity, authenticity, and respectable character. By using pepelwerk, you are agreeing to all the terms and conditions below.


These terms of use are entered into by and between you (referred to throughout as “user”, “registered user”, “guest”, “visitor”, “member”, “you”) and pēpəlwərk, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents that expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to, code of conduct, use of any content, functionality and services offered on or through www.pepelwerk.com, whether they are accessed or viewed on any third-party platforms, or pepelwerk owned platform, application or other digital or off-line product or service of the Company (collectively, the “Services”).

Please read the Terms of Use carefully before you start to use the Services. By using, interacting or continued access of, the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. If you proceed to scroll, view attempt or creep on our digital content, you have agreed to the Terms.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH PEPELWERK AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

Please feel free to contact us at [email protected] if you have any questions.

Guest or User Intent

Guest, is a person, companies, organizations or software systems who view the Company’s Services, data, content, services or products (digital or non-digital) without registering for use. A User, is a person, companies or organizations, who register to gain access to the Services, data and content of the Company. Both Guests and Users agree to use the products, information and services provided by the company for good intention. This means, if you are here to hack, harm, steel, manipulate our data or our user’s data, you should not continue. Meaning we do not give anyone with that type of intent to infringe our rights or our users right to digital safety. Your continued use of the Services means that you understand and will comply with good intent policy.

1. Use of the Services

1.1 Who can use

The content made available through our Services, does not have any age limitations, however, there may be age limitations for the use of our services and software and sometimes additional terms or requirements will apply. By using this Services, you represent and warrant that you are of legal age to form a binding contract with the Company, or have obtained consent from a legal guardian, and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services or any of the Company’s products or services.

1.2 Your Account

To access Services by pepelwerk.com you will have to create an account. It’s important that you keep your account accurate and up to date. Your account may also automatically provide you access and means to use any new Services.

1.3 Accessing the Services and Account Security

We reserve the right to withdraw or amend Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:
· Making all arrangements necessary for you to have access to the Services.
· Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with this Services or otherwise, including but not limited to using any interactive features on the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

1.4 Changes to the Terms of use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

1.5 Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Additionally, you agree not to:
· Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
· Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
· Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Services.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
· Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Services

1.6 Monitoring and Enforcement; Termination

We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
· Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

1.7 Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

1.8 Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

1.9 Changes to the Services

We may update the content on this Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

1.10 Information About You and Your Visits to the Services

All information we collect on this Services is subject to our Privacy Policy using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

1.11 Online Purchases and Other Terms and Conditions

All purchases through our web-based portal or purchases that are made on your behalf that cover your transactions, access, or services, or information formed through the Services or because of visits made by you are governed by our Payment Terms, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into the Terms of Use.

1.12 Geographic Restrictions

The owner of the Services is based in the state of Texas in the United States. We provide this Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries, or in certain states. If you access the Services from outside the United States, or in countries where services are restricted or prohibited, you do so on your own initiative and are responsible for compliance with local laws.

2. Ownership and Use of Content

2.1 Intellectual Property Rights

The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [email protected]

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

2.2 Trademarks

The Company name, the terms and slogans, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.

2.3 Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy or instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

2.4 User Contributions

The Services may contain sharing functions, news feeds, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out below in these Terms of Use.

Any User Contribution you post to the site or your account will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings and with the intended use of pepelwerk.

You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

2.5 BIOMETRIC INFORMATION PRIVACY STATEMENT

pepelwerk will not sell, rent, or trade your Biometric Information, and after verification you may request, we delete your Biometric Information. Your Biometric Information will only be used by Pepelwerk to verify your identity in accordance with the guidelines published by the National Institute for Standards and Technology or as required for the prevention of fraud. Pepelwerk will transfer your Biometric Information to our third-party partners only when required by a subpoena, warrant, or other court ordered legal action.

2.6 BIOMETRIC INFORMATION PRIVACY POLICY

This Biometric Information Privacy Policy describes how Pepelwerk collects and uses certain Biometric Information, including facial geometry, in connection with the Services we provide, and you voluntarily elect to participate in or use.

Please carefully review this Biometric Information Privacy Policy prior to consenting to our collection and use of your Biometric Information. Please note that once consent has been provided for the collection and processing of Biometric Information as part of your verification it may not be revoked where it is required to complete the transaction for which it was collected, or to complete the verification Services.

Additionally, by consenting to the collection and use of your Biometric Information you acknowledge that you have been provided with, and agree to be bound by, the Pepelwerk Terms of Service and the Pepelwerk Privacy Policy.

Biometric Information is a form of Personal Information related to biometric characteristics which may be used to identify you. Common examples include fingerprints, voiceprints, scans of a hand, facial geometry recognition, and iris or retina recognition. As used in this policy, Biometric Information includes any “biometric identifiers” or “biometric information” as defined under applicable law.

The information we collect will vary depending on the specific type of Services you voluntarily access or use. Many Pepelwerk Services do not require Biometric Information,

When you sign up for an applicable pepelwerk Service we may collect the following Biometric Information:
• Facial Biometrics: Our Service may require you to upload an image of your government issued or other identification document(s) as well as your photographic image or “selfie” photograph using your mobile or other device. We use these images to create a facial geometry or faceprint which we use for purposes of identity verification and to prevent the creation of multiple accounts in a fraudulent manner.

We use your Biometric Information only as follows:
• To demonstrate you are credible user and verify your identity when you are opening an account or using our Services.
• To authenticate your profile and use of your account and the Services for a transaction.
• To prevent fraudulent uses of pepelwerk’s Services or the creation of multiple accounts; and
• To help you identify attributes

Pepelwerk will only share your Biometric Information with our partners in the following circumstances:
• To third party service providers that perform functions on our behalf. These service providers are limited to using the Biometric Information to assist in our provision of Services, and must maintain any Biometric Information we share in a secure fashion.

Pepelwerk will not sell, rent, or trade your Biometric Information. Your Biometric Information will only be used by pepelwerk to verify your identity in accordance with the guidelines published by the National Institute for Standards and Technology or as required for the prevention of fraud. In fulfilling our Services to you, pepelwerk will transfer your Biometric Information to our third party partners only when required by a subpoena, warrant, or other court ordered legal action.

Pepelwerk may retain your Biometric Information for up to thirty-six months. Pepelwerk collects and processes your Biometric Information to verify your identity and help prevent fraud. Biometric Information is retained in line with Pepelwerk’s obligations to our partners, with the specific retention periods determined by the first partner with whom a user first verifies their identity (e.g., IRS, Dept. of Veterans Affairs, a state workforce agency, etc.) Certain partners may require this information to be purged within twenty-four (24) hours following a successful verification, other partners may require a longer retention period, but under no circumstances will Pepelwerk retain this information for longer than thirty-six (36) months absent a subpoena, warrant, or other legally compelling justification.

For Pepelwerk members who are residents of Illinois, in accordance with Illinois state law pepelwerk will retain Biometric Information only until the occurrence of the first of the following:(a) The initial purpose for collecting or obtaining such Biometric Information has been satisfied; or (b) Three (3) years following your last interaction with Pepelwerk.

Yes, you may direct Pepelwerk to delete your Biometric Information. After successfully verifying your identity, you may request that pepelwerk delete your Biometric Information. You may request the deletion of both the selfie image and Biometric Information submitted during your verification by submitting a request through the Pepelwerk “Privacy Rights Center” which is accessible via a link at the bottom of our Services, or under the “Privacy” setting in your account. Deletion of the selfie image and associated Biometric Information may take up to seven (7) days and will not impact the validity of your credential or verified status. Pepelwerk reserves the right to retain this information as needed to comply with our legal obligations, including warrants, subpoenas, or other court orders, or to help prevent fraud.

Pursuant to the California Consumer Privacy Act of 2018 (CCPA), residents of California are entitled to additional rights and disclosures regarding their Personal information, including Biometric Information. Please see our Notice to California Residents for additional details regarding these disclosures and how to exercise your rights. If you are a resident of California, it is responsibility to notify us directly of your request at [email protected]

Yes, you may refuse to consent for the collection of your Biometric Information. Please note that if you refuse to consent to the collection and processing of your Biometric Information then we may not be able to verify you at the required level of assurance for use of all our Services.

We are committed to protecting your information. We have adopted technical, administrative, and physical security procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure.

We employ appropriate security safeguards. To safeguard certain sensitive information (such as Biometric Information and government-issued identification information), we implement security measures such as encryption, firewalls, and intrusion detection and prevention systems.

This Biometric Information Privacy Policy may be periodically updated. From time-to-time we may update this policy to reflect new features or changes in our Personal Information practices or our Services. We will post a notice for users at the top of this Privacy Policy addressing any significant changes.

3. Third Party Links and Services

Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.

3.1 Social Networking and Logins

You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook (“Social Networking Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the Services of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third-Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party Services or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

3.2 Third-Party Applications

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

3.3 Third Party Products

Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products (e.g., fitness trackers, smart scales, etc.). While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.

3.4 Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Services may provide certain social media features that enable you to:
· Link from your own or certain third-party Servicess to certain content on this Services.
· Send e-mails or other communications with certain content, or links to certain content, on this Services.
· Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party Servicess.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any Services that is not owned by you.
· Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Services other than the homepage.
· Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms of Use.

The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

3.5 Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Services linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.

4. Accessing Services

We would like to make all services available on a variety of platforms but that is not always possible. Every app store provider, platform, or marketplace where you may access pepelwerk has different requirements based on who owns the service or what location the service is provided in and the local laws or business policies that govern it.

If you have an access concern, please email [email protected]

4.1. App stores

For these reasons mentioned above, we can’t guarantee which app store(s) is(are) compatible or that they will include all the same features that are available through web-based platforms. If you use an App, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.

If you download the App from a third-party app store (the “App Provider”), you acknowledge and agree that:
• The Terms are an agreement between us, and not with the App Provider. As between pepelwerk and the App Provider, pepelwerk is solely responsible for its applications;
• The App Provider has no obligation to provide any maintenance and support services with respect to the App;
• In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Pepelwerk and the App Provider, Pepelwerk’s responsibility;
• The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App;
• If a third party claims the App infringes another party’s intellectual property rights, as between the App Provider and Pepelwerk, Pepelwerk will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
• The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and
• You must also comply with all applicable third-party terms of service when using the App.

4.2 Wireless Carrier and Device Considerations

To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. We do not charge for use of the App. Your phone company’s normal messaging, data, and other rates and fees, however, will still apply. You may be required pay fees to access certain special features and content.

4.3 Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the App, such open-source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

5. Work-life guidance, job matching, learning and other Services

It’s important to us that everyone get access to the tools, services, information, and innovations in technology that help people achieve realistic work-life goals and make informed decisions about what to do for education, jobs, mentorship, and community connections. We provide the advice, suggestions, and recommendations to you based on your input, approval, and consent. If you accept our recommendations, guidance or suggestions and act on them, you are doing so of your own free will.

Please be responsible and use your best judgment and common sense.

We provide our Services for information purposes only and can’t be held liable if you suffer any adverse unintended consequences.

5.1 Safety First

Pepelwerk cares about your safety. We are closed marketplace eco-system helped to reduce your profile and personal information from being scraped or misused by public domain digital and cloud-based platforms. That doesn’t mean we can eliminate it completely.

Follow these guidelines improve your safety and security:
• Keep communication in the platform.
• Do not give anyone your home address
• If you meet with someone in person, make sure it is in a public location and during day-light hours

If you feel threaten or unsafe in any way, immediately report the concern to [email protected].

We are not responsible or liable, either directly or indirectly, for any injury (mental, physical or otherwise), illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction, or negligence of Pepelwerk or others.

5.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, are not produced by Pepelwerk, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

In particular, Pepelwerk’s matching database and recommendations engine (“Matching Database”) contains a combination of information entered by pepelwerk. pepelwerk members and third-party sources. Any user of the Services can contribute to or edit information in the Matching Database. Please be advised that matching information in the Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. Pepelwerk does not (i) guarantee the accuracy, completeness, or usefulness of any matching information or recommendations in or made because of the Matching Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such information. To the extent permitted by applicable law, under no circumstances will pepelwerk be responsible for any loss or damage (physical, mental, financial, or otherwise) resulting from your reliance on Matching Database. You are solely responsible for use and interpretation of this information.

Not all users who may identify themselves as career coaches or mentors are licensed, or need to be licensed, in all applicable jurisdictions. Pepelwerk has no and assumes no obligation to verify that users who identify themselves career coaches or mentors are licensed or qualified. Relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will pepelwerk be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.

The Premium Services provide you access to certain specialized Content—namely coaching and guidance and goal setting and management (“Plans”). The Plans are only recommendations. They should be taken as a point of view, opinion, and suggestion. Plans are not a substitute for and are not an alternative to taking all necessary actions independently to accomplish your work goals. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.

5.4 Success Stories Not Typical

Success stories posted by users or pepelwerk on our Services may not represent typical or even accurate results obtained from interacting with or using the Companies Services. To the extent permitted by applicable law, Pepelwerk has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any recommendation contained in any user success stories.

5.5 Accuracy

The Services are intended to provide you with information to encourage you to reach your work life goals. Some of the Services are aimed at tracking your activity (“Activity Tracking Services”). These Activity Tracking Services rely on collecting your user behavior while using Services. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity and will be up to the user to edit, change or modify to ensure accuracy. By using Activity Tracking Services, you acknowledge and agree that pepelwerk is not responsible or liable for any inaccuracy in such data.

6. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICESS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICESS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICESS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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8. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

9. Governing Law and Jurisdiction and Arbitration

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

YOU AND PEPELWERK, LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

10. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Waiver and Severability

All information we collect on this Website is subject to our Privacy Policy y using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Entire Agreement

The Terms of Use, our Privacy Policy, Copyright Policy, Payment Terms, and User Agreements constitute the sole and entire agreement between you and pepelwerk, LLC. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

13. Your Comments and Concerns

The Services under this agreement are operated by pepelwerk, LLC all feedback, comments, requests for technical support, copyright infringement claims and other communications relating to the Services should be directed to [email protected] .

Course Module Terms of Use

pepelwerk makes available through our Work Hub cloud software solution (formerly Educator Hub) the Course Center. Through our marketplace, the Course Center enables organizations and individuals offering courses, certificate, master class, degree-based programs the ability to source, register and enroll new learners by matching them with Course Profiles.


Terminology and Conditions
 

Account Owner 

Individual who is legally and financially responsible for all activities on pepelwerk.  

Organization or Instructor Profile for Course Center:  

Organizations or Instructors must complete an administrative profile and a matching profile.  

An administrative profile requires a FEIN, EIN, OPE ID, IPEDS ID or SSN to complete registration. We need to ensure that you are a legally registered business and/or individual that can and will comply with local laws and regulations. You will also be asked to submit a payment method or provide a deposit account for pepelwerk to charge and/or for pepelwerk to deposit earned fees.  

A matching profile is a view of the teacher/instructor or organization that you want to be viewed by potential students when they match with your learning opportunity.  

Course Matching  

Course Matching is the result of matching your course requirements to interested people that are registered users of the pepelwerk people app and actively participate in activities. pepelwerk does NOT control which courses are viewed, selected, enrolled in, or registered in. The registered people app user, at their own discretion, chooses which courses to engage with.  

Course Profiles  

Course profiles are used by the organization or instructor to describe when, where, what skills learned, how much the course is and the acceptable payment methods. The Course Profile is what the registered user will view to determine interest, enrollment, registration and to confirm completion. 

Module Fees 

Pepelwerk charges annual subscription fees for the use of any module or feature.

Registration Fees  

Pepelwerk charges per user transaction fees for every paid learner that completes registration and enrollment into a course they matched with on pepelwerk. Pepelwerk collects these fees regardless of whether the user completes registration in the pepelwerk cloud software solution or is redirected to an external source to complete registration and submit payment.  

Payments to pepelwerk 

Pepelwerk charges an annual subscription fee for the Course Center module plus $50 or 10% (whichever is greater) of course registration fees, per enrolled learner. 

Payments to the Account Owner from pepelwerk 

When an organization or individual uses Course Center and creates Course Profiles that accept any of the following payment types: Employer Sponsored, Grants, Federal/State Funding Sources or Scholarships/Foundations AND pepelwerk manages those payment types AND is responsible for collecting funds from the assigned payor. Pepelwerk will pay the Account Owner earned registration fees minus any fees due to pepelwerk. Payments are due to the Account Owner 15 days from the time pepelwerk receives payment from the payor. It is the responsibility of the Account Owner to communicate with pepelwerk Customer Success team to ensure payment accuracy, timing, and method. 

Payment Types Definitions 

Employer Sponsored: pepelwerk will bill our customers for the cost of registration.  

Grants: pepelwerk and/or non-profit organizations that we work with will make available funds to cover the expenses for courses, master classes, certificate, license or degree-based programs for our individual members of the People Hub/App that are directly related to them getting or keeping employment. Grant funds are available on a first come first serve basis. On transactions, customer information and course information must be accessible to pepelwerk for the purposes of reporting and compliance with Grant requirements.   

Federal/State Funding Sources: pepelwerk and/or non-profit organizations that we work with will make available funds to cover the expenses for courses, master classes, certificate, license, or degree-based programs for our individual members of the People Hub/App that are directly related to them getting or keeping employment. We act as the distributor of funds for the original payor or provide reporting information to the payor to release funds. Pepelwerk does not control or make any decisions related to how much, when or if the payor will pay.  

Scholarships/Foundations: pepelwerk and/or non-profit organizations that we work with will make available funds to cover the expenses for courses, master classes, certificate, license, or degree-based programs for our individual members of the People Hub/App that are directly related to them getting or keeping employment. Funds are available based on the activities and registration of our members of the People Hub/App. Receiving payout from these sources requires the course profile to be complete and course information must be accessible to pepelwerk for the purposes of reporting and compliance with distribution requirements. 

Responsibilities  

pepelwerk will make software systems consistent, available during prime business hours and make every reasonable attempt to maintain users personal or financial information private and secure.  

Client will make every reasonable attempt to adhere to minimum job and utilization commitments. 

Modification of Terms 

Any changes, modifications, revisions, or amendments to Terms of Use or Agreements is at the sole discretion of pepelwerk.  Any changes shall be incorporated in written notice, and effective on the communicated effective date. 

Termination 

Users can deactivate their accounts at any time. However, all modules of the Work Hub require a initial commitment term of 1 year (calculated from account creation date plus 365 days). This means that even when an account is deactivated the Account Owner is still financially responsible for all products, services, and platform usage fees for the initial commitment term. 

Commitment to Quality Useful Learning  

Pepelwerk is not a course provider. We commit to all users of the pepelwerk marketplace that when we provide them with options to build their knowledge, build their workforce, close their skills gap or learn an in-demand skills that those providers have made personal commitment to quality, relevant, useful, outcomes driven course work, curriculum, or training content. If you cannot commit to this, you should not provide courses. If you are reported by other users for poor quality, your account may be suspended or deactivated.

Rights to Course Work, Curriculum or Training Content 

We do not own, manage, define, or review course work, curriculum, or training content. The work provided or used by pepelwerk users is solely owned by Account Owner and/or their assigned users.  

Safety, Confidentiality and Security  

All instructors or course managers on behalf of the Account Owner must agree to and comply with all safety, confidentiality and security requirements covered in the General Terms of Use. 

 All Rights Reserved  

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