Terms of Service

These Terms of Service ("Terms") govern your use of Jobwell, including the jobwell.xyz website, the Jobwell web and mobile apps, customer project pages, and Jobwell email and text messages (together, the "Service"). Jobwell is owned and operated by Cobia Technologies, Inc. ("Cobia," "we," "us" or "our"). By using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service for a company, you agree to these Terms on its behalf and confirm you have authority to do so.

1. Who can use Jobwell

You must be at least 18 years old and able to form a binding contract to use the Service. Contractors must use the Service for a legitimate business and provide accurate business information.

2. Accounts and security

Keep your sign-in details secure and your account information accurate. You are responsible for activity under your account. Company administrators are responsible for whom they invite and the access they grant. Tell us right away at support@jobwell.xyz if you suspect unauthorized use.

3. How Jobwell works

Jobwell is software that helps contracting businesses ("Contractors") manage their work and communicate with their customers ("Customers"). Jobwell is not a contractor and does not perform, supervise, inspect or guarantee any construction or home-improvement work. Proposals, prices, schedules, contracts, warranties and the work itself are between the Contractor and its Customer. Cobia is not a party to those agreements and is not responsible for a Contractor's work, licensing, insurance, permits or conduct, or for a Customer's payment obligations.

The Service is in a pre-launch pilot. Features may change, be added or be removed, and some may be marked as previews.

4. Contractor responsibilities

If you use Jobwell as a Contractor, you agree that:

• You have the right to provide the Customer, job and employee information you enter, and you have given any notices and obtained any consents the law requires.
• You are responsible for the content and accuracy of your proposals, prices, taxes, invoices and terms, and for complying with laws that apply to your business, including licensing, consumer protection, contract and cancellation-right rules.
• Entering a Customer's phone number in Jobwell is not consent to receive text messages. Customers opt in to Jobwell texts themselves, as described in Section 9.
• You will give your team members and partners only the access they need.

5. Your content

You keep ownership of the information, photos, documents and other content you put into the Service ("Your Content"). You give Cobia a limited license to host, store, copy, process, display and transmit Your Content only as needed to provide, secure and improve the Service and as described in our Privacy Policy. You are responsible for Your Content and confirm that it does not violate the law or anyone's rights.

6. AI features

Some features use artificial intelligence to draft content such as proposals. AI output can be incomplete or wrong. You are responsible for reviewing AI output, including quantities, prices and descriptions, before you rely on it or send it to anyone.

7. Payments

Payments between Customers and Contractors are processed by Stripe, Inc. and its affiliates. Contractors who accept payments must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Cobia is not a bank or money transmitter and does not hold Customer funds. Refunds, disputes and chargebacks are handled between the Contractor and the Customer under the Contractor's terms and Stripe's rules, and Contractors are responsible for any processing fees, refunds and chargebacks on their payments.

8. Fees

Contractors may be charged subscription or usage fees for the Service. We will show any fees and their terms before you agree to pay them. Unless stated otherwise, fees are non-refundable and exclude taxes. Customers do not pay Cobia to view a project, receive updates or pay a Contractor through Jobwell.

9. Text message terms

Program. "Jobwell Job Updates" is a planned text message program operated by Cobia Technologies, Inc. It sends job status notifications about a home-service project, such as booking confirmations, reminders, arrival times, photo updates, schedule changes, completion notices, invoices and payment receipts. Jobwell writes every message from fixed templates; Contractors cannot send their own messages through the program. We do not send marketing messages.

Opting in. Text updates are not yet available. Once the program launches, you will receive these texts only if you opt in, by checking the text-updates box on your Jobwell project page and submitting your mobile number, or by texting FOLLOW to the Jobwell number shown on your project page. We confirm your opt-in by text. Consent is not a condition of any purchase. See how opt-in works on our text updates page.

Message frequency varies with your project, up to 15 messages per job. Message and data rates may apply.

Opting out. Reply STOP to any message to stop receiving texts. You can also reply CANCEL, END, QUIT, UNSUBSCRIBE or STOPALL. We will send one message confirming that you have been unsubscribed, and then no more texts unless you opt in again. To resubscribe, reply START.

Help. Reply HELP for help, visit jobwell.xyz/help, email support@jobwell.xyz or call (561) 412-8441.

Carriers. Carriers are not liable for delayed or undelivered messages. Delivery depends on your wireless carrier and device.

Your number. You confirm that you are the account holder or authorized user of the mobile number you provide. If you change or give up that number, reply STOP first or contact us so texts don't reach the next owner.

Privacy. We use your number only to send the messages you asked for. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. See our Privacy Policy.

10. Acceptable use

You agree not to:

• break the law, infringe anyone's rights, or use the Service to deceive or defraud anyone;
• upload malware, or probe, scan or test the Service's security without our written permission;
• access data or accounts you are not authorized to access, or get around access controls or limits;
• use the Service to send spam or messages people have not agreed to receive;
• scrape, copy or resell the Service, or use it to build a competing product; or
• interfere with the Service or other users.

11. Third-party services

The Service works with third-party services, such as payment processing, mapping and accounting software. Your use of those services is governed by their own terms, and Cobia is not responsible for them.

12. Our intellectual property

The Service, including its software, design, text and branding, belongs to Cobia Technologies, Inc. and its licensors. Jobwell and the Jobwell logo are trademarks of Cobia Technologies, Inc. We give you a limited, non-exclusive, non-transferable right to use the Service under these Terms. If you send us feedback, we may use it without obligation to you.

13. Suspension and termination

You may stop using the Service at any time. We may suspend or end access if you violate these Terms, if required by law, or to protect the Service or its users. Contractors may export their records before closing an account. Sections that by their nature should survive termination will survive.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, COBIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY CONTRACTOR, ESTIMATE OR AI OUTPUT IS ACCURATE OR SUITABLE.

15. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, COBIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM THE SERVICE OR THESE TERMS. COBIA'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID COBIA FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US $100). Some jurisdictions do not allow these limits, so they may not fully apply to you.

16. Indemnification

If you use the Service as a Contractor, you will defend and indemnify Cobia and its officers, employees and agents against claims, losses and costs (including reasonable attorneys' fees) arising from your work, your dealings with your Customers, Your Content or your violation of these Terms or the law.

17. Governing law

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. Nothing in these Terms limits consumer protections that cannot be waived under the law where you live.

18. Changes to these Terms

We may update these Terms. We will change the effective date above and, for material changes, notify account holders by email or in Jobwell before the changes take effect. If you keep using the Service after changes take effect, you accept them.

19. Dispute resolution and arbitration

Talk to us first. Before filing a claim, send a written description of the dispute and the relief you want to legal@jobwell.xyz or to our mailing address below. We will try in good faith to resolve it within 60 days.

Binding individual arbitration. If we cannot resolve it, you and Cobia agree to resolve any dispute arising from these Terms or the Service by final, binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Arbitration Rules for disputes with Contractors), and governed by the Federal Arbitration Act. Arbitration will take place in the county where you live, in Palm Beach County, Florida, or by video, at your choice. Either party may instead bring an individual claim in small claims court, and either party may seek an injunction in court for misuse of intellectual property.

No class actions or jury trials. YOU AND COBIA EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. If this waiver is found unenforceable for a dispute, that dispute will proceed in court rather than arbitration.

Opting out. You may opt out of this Section within 30 days of first accepting these Terms by emailing legal@jobwell.xyz with your name, the email address on your account and a statement that you opt out of arbitration.

20. General

These Terms, the Privacy Policy and any terms shown when you buy a paid plan are the entire agreement between you and Cobia about the Service. If any part is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

21. Contact us