Terms of Service

Welcome to FWDLink, a platform operated by WorkFotos LLC, a Florida limited liability company doing business as FWDLink ("Company," "we," "us," or "our"). By accessing or using our website at fwdlink.com, our mobile applications, or any of our related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, do not use the Platform.

1. Acceptance of Terms

By creating an account, accessing, browsing, or using the Platform in any way, you affirm that you have read, understood, and agree to be bound by these Terms and by the policies listed below, all of which are incorporated into these Terms by reference. Together they form your agreement with us. All of them are indexed in the Legal Center.

• Acceptable Use Policy — what may and may not be published, sold, or listed.
• Privacy Policy — what we collect and how it is handled.
• Cookie Policy — cookies and similar technologies.
• Creator Terms — applies additionally when you sell or receive money through the Platform.
• Fan Terms — applies additionally when you buy, subscribe, tip, or unlock.
• Refund & Cancellation Policy — cancellations and refunds.
• Complaints & Appeals Policy — how complaints are handled and how to appeal.
• Child Safety & Non-Consensual Content Policy — zero-tolerance categories.
• Age Verification Policy — what is checked, for whom.
• Availability & Geographic Restrictions — where services are offered, sanctions, and export controls.
• DMCA Notice & Takedown Policy — copyright.
• 18 U.S.C. § 2257 Statement — record-keeping for age-restricted content.

Where these Terms conflict with the Creator Terms or the Fan Terms on a selling or purchasing question, those documents govern for that question. Otherwise these Terms govern.

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date above. Your continued use of the Platform after any changes constitutes your acceptance of the new Terms.

2. Eligibility and Age Requirements

The Platform is for adults only. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to create an account, access the Platform, use monetization features, purchase memberships, tips, digital products, or paid messages, or view, purchase, or interact with mature or adult content. By using the Platform, you represent and warrant that you are at least 18 years old and legally able to enter a binding contract. We do not knowingly collect personal information from anyone under 18. If we discover that a user is under 18, we will terminate that account and delete associated data as described in our Privacy Policy.

Business accounts: If you are registering on behalf of a company or legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" shall refer to that entity. The individual acting for the entity must also be at least 18.

3. User Accounts

To access certain features, you must create an account. You agree to:

• Provide accurate, complete, and current information during registration and keep it updated.
• Maintain the security of your account password and accept responsibility for all activities that occur under your account.
• Notify us immediately through Support of any unauthorized use of your account.
• Not share your account credentials with any third party or allow any other person to use your account.
• Not create multiple accounts to circumvent bans, restrictions, fees, or other enforcement actions.

Identity for payouts (Stripe Connect / KYC): If you enable payouts, creator monetization, or receive funds through the Platform, you must provide accurate legal identity and tax information required by us and by our payment partners (including Stripe Connect). You authorize us and Stripe to verify your identity, eligibility, and banking details. Providing false, incomplete, or misleading identity or tax information is a material breach and may result in withheld payouts, account suspension or termination, and reporting to payment partners or authorities as required by law.

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any violation of these Terms or behavior we deem harmful to the Platform or its users, including to protect users, payments integrity, or legal compliance.

4. User-Generated Content

4.1 Your Content

The Platform allows you to post, upload, share, send, and display content including photos, videos, audio, text, links, business information, marketplace listings, community posts, profile materials, messages (including private and paid messages), and other materials (collectively, "User Content"). You retain ownership of your User Content. FWDLink does not claim ownership of your User Content.

4.2 License to FWDLink

By posting, uploading, sending, or otherwise making User Content available on or through the Platform, you grant FWDLink a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to host, store, use, reproduce, distribute, prepare derivative works of, display, perform, transmit, and otherwise process your User Content solely as needed to operate, maintain, secure, and improve the Platform, including to: (a) display content to authorized viewers; (b) deliver messages and notifications; (c) process payments, payouts, refunds, and chargebacks; (d) provide customer support; (e) enforce these Terms and our policies; (f) detect, prevent, and investigate fraud, abuse, and illegal activity; and (g) promote the Platform in limited marketing materials (for example, featuring public profile pages), unless you opt out of promotional use where we offer that choice. This license ends when you delete your User Content or account, except for: (i) reasonable backup and archival copies that are deleted in the ordinary course; (ii) content retained as required by law or for legitimate safety, fraud, tax, or dispute-resolution purposes; and (iii) content that has been shared with or stored by other users who have not deleted it.

4.3 Representations

You represent and warrant that: (a) you own or have the necessary rights, licenses, consents, and releases to post and monetize your User Content; (b) your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party; (c) your User Content does not violate any applicable law or regulation; (d) every person depicted in your User Content is at least 18 years old and has given any consent required by law; and (e) your User Content complies with our Acceptable Use Policy.

4.4 Sexually Explicit Content — Prohibited for Distribution

Sexually explicit content and pornography may not be shared, sold, or monetized on the Platform. FWDLink is for creators and businesses. You may not post, sell, or offer sexually explicit material through share links, your page, memberships, libraries, messages, or other distribution features.

Private vault storage. You may optionally enable client-side encryption for an album (a private vault) and store personal content there for your own at-rest private storage. A private vault is not a license to distribute explicit content on FWDLink. Encrypted / vault-locked albums may use password-protected or private share links; open public dumps and monetization (paid unlock, memberships, tips, sales) remain blocked for those albums. If you remove encryption, normal content moderation applies before any share.

We may screen non-vault uploads with automated tools (including image analysis) and human review. Content that appears to violate these Terms or our Acceptable Use Policy may be held, removed, or rejected. You are solely responsible for what you upload. Outbound links that promote prohibited material using the Platform may also be restricted as described in Section 18.

Identity verification used for payouts, Stripe Connect, business verification, KYC, and fraud prevention is described in the Age Verification Policy and the Privacy Policy.

Anyone may report content or request removal through our Report Content & Takedown Requests page — no account is needed, and you do not need to be the person depicted. Copyright claims use the separate DMCA Notice & Takedown Policy. Response times, review, and appeals are in the Complaints & Appeals Policy. Billing questions are covered by our Refund & Cancellation Policy.

4.5 Private Messages and Paid Messages

Private messages, inbox messages, contact-form messages, and paid or unlockable messages are User Content exchanged between users. We process message content and related metadata (such as sender, recipient, timestamps, payment status, and delivery status) to deliver the messaging service, process payments, provide support, and protect safety and integrity. We may access, review, scan, filter, or disclose messages when we believe it is reasonably necessary to: (a) operate or improve the service; (b) process payments or resolve payment disputes; (c) enforce these Terms and our policies; (d) detect, prevent, or investigate fraud, abuse, spam, or illegal activity (including CSAM and non-consensual intimate imagery); (e) respond to lawful requests from authorities; or (f) protect the rights, property, or safety of FWDLink, our users, or the public.

We do not claim that we never access messages. We are not obligated to monitor all messages or User Content, but we reserve the right to do so. Do not use messaging for any prohibited purpose. By sending a message on the Platform, you agree to these Terms and our Privacy Policy.

4.6 Content Monitoring and Removal

We are not obligated to monitor User Content, but we reserve the right to review, remove, restrict, disable, or refuse any User Content at our sole discretion, at any time, without notice, including if we believe it violates these Terms, applicable law, payment-partner rules, or poses risk to users or the Platform. We may use automated tools and human review.

4.7 Zero-Tolerance Prohibited Content

The following are strictly prohibited and may result in immediate removal, account termination, forfeiture of pending payouts where permitted by law, and reporting to authorities (including NCMEC where applicable):

• Child sexual abuse material (CSAM) or any sexual content involving minors (anyone under 18), including fictional or AI-generated depictions.
• Non-consensual intimate imagery (including "revenge porn") or content obtained or shared without required consent.
• Human trafficking, sex trafficking, or commercial sexual exploitation of any person.
• Illegal goods or services, fraud, scams, or money laundering.
• Any other content that is illegal under applicable law.

Additional prohibited conduct is set out in Section 10, our Acceptable Use Policy, and our Child Safety & Non-Consensual Content Policy, which also explains what we report to authorities and what we preserve.

5. Marketplace

5.1 Platform Role — Intermediary Only

FWDLink provides a neutral platform that allows users to post and browse listings for items, properties, jobs, services, animals, vehicles, tickets, farm products, and other goods (collectively, "Marketplace"). FWDLink is NOT a party to any transaction between buyers and sellers. We are an intermediary only. We do not own, inspect, verify, certify, or guarantee the quality, safety, title, legality, accuracy, or fitness for any purpose of any listing, item, animal, property, or service advertised on the Platform. We are not responsible for the ability of sellers to sell, the ability of buyers to pay, or the delivery of any goods or services.

IMPORTANT: By using the Marketplace, you acknowledge and accept that FWDLink assumes no liability whatsoever for any losses, damages, injuries, disputes, fraud, or other harm arising from any marketplace transaction, whether or not such transactions are facilitated through the Platform.

5.2 Posting Listings

When you post a Marketplace listing, you represent, warrant, and agree that:

• All information in your listing is accurate, complete, current, and not misleading.
• You have clear legal title, ownership, or the legal right to sell, rent, rehome, or offer the item or service described.
• The item or service is free from any undisclosed liens, encumbrances, claims, or defects that would affect the buyer's use or ownership.
• Your listing complies with all applicable local, state, and federal laws and regulations.
• Your listing does not include prohibited items or services as defined in our Acceptable Use Policy.
• You are solely and exclusively responsible for completing any transaction, all communications with the other party, and any disputes arising from the transaction.
• You will not engage in price gouging, bait-and-switch, or any other deceptive trade practice.

5.3 Paid Listings

Certain Marketplace categories (including Real Estate, Job, Service, and RV Lots listings) require a one-time fee ("Listing Fee"). By paying a Listing Fee, you agree to our payment terms and authorize us to charge the applicable amount via Stripe. Listing Fees are non-refundable once your listing has been published, even if your listing is later removed for a violation of these Terms. Listings remain active for the period stated at the time of payment (typically 45 days), after which they expire automatically.

5.4 Category-Specific Disclaimers

The following additional disclaimers apply to specific Marketplace categories:

• Real Estate & Rentals: All real estate and rental listings are subject to all applicable federal, state, and local housing laws, including the Fair Housing Act (42 U.S.C. § 3601 et seq.), which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Sellers and landlords are solely responsible for Fair Housing compliance. FWDLink does not represent, advise, or act as a real estate broker or agent. Nothing on the Platform constitutes real estate advice. All parties should consult licensed real estate professionals.
• Vehicles: FWDLink does not verify vehicle titles, odometer readings, accident history, lien status, or mechanical condition. Buyers are solely responsible for conducting due diligence, including title searches, vehicle history checks (e.g., Carfax), and mechanical inspections. Sellers must disclose all known defects, accidents, and title issues. Selling a vehicle with a fraudulent title or undisclosed lien may constitute criminal fraud.
• RVs, Campers & Boats: All applicable vehicle title, lien disclosure, and odometer requirements apply. Buyers should obtain a marine survey or RV inspection before purchase. Coast Guard documentation and state titling requirements apply to boats.
• Jobs & Employment: Job listings must comply with all federal and state employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, and all applicable minimum wage and overtime laws. FWDLink is NOT an employer, staffing agency, or employment agency. No employment relationship is created between FWDLink and any user. Employers are solely responsible for verifying work eligibility (Form I-9), background checks, and all other hiring compliance.
• Services: Service providers who offer licensed services (medical, legal, dental, financial, electrical, plumbing, HVAC, construction, etc.) must hold all required licenses, certifications, and insurance required by applicable law. FWDLink does not verify licenses, credentials, or insurance. Buyers of services should independently verify credentials before engaging any service provider.
• Medical Equipment: Medical devices, equipment, and supplies may be subject to FDA regulations. Sellers are solely responsible for compliance with applicable FDA regulations, state health regulations, and any applicable recall notices. Items must not be sold in violation of prescription requirements. FWDLink is not a medical device distributor and makes no representations about the safety, effectiveness, or regulatory compliance of any medical equipment listed.
• Hunting & Fishing: All hunting and fishing equipment listings and guided trips must comply with applicable federal and state wildlife laws, including U.S. Fish & Wildlife Service regulations, state game regulations, and international conventions (CITES). Sellers of guided trips, licenses, and permits must hold all required state and federal licenses. Buyers are responsible for obtaining all required hunting and fishing licenses before engaging in any activity.
• Farm, Livestock & Agricultural Products: The sale of livestock, poultry, and other farm animals is subject to USDA regulations, state animal health laws, and may require health certificates, brand inspection, or other documentation. Sellers are solely responsible for compliance. FWDLink makes no representations about the health, genetics, or legal status of any animal listed. Buyers assume all risks.
• Farmers Market & Food Products: The sale of food products may be subject to federal (FDA, USDA), state, and local health regulations, including cottage food laws. Sellers are solely responsible for compliance with all applicable food safety and labeling regulations.
• Tickets & Events: Ticket resale may be regulated or prohibited in certain jurisdictions. Sellers are solely responsible for compliance with applicable anti-scalping laws and ticket resale regulations. FWDLink does not guarantee the validity or authenticity of any ticket listed.
• Gift Cards: Gift card resale and transfer may be subject to state regulations. FWDLink does not verify the balance, validity, or authenticity of any gift card listed. Buyers should verify before purchase. Fraudulent gift card listings are prohibited and will be reported to law enforcement.
• Animals (Pets/Adoption): Pet listings are for adoption and rehoming only. The commercial sale of animals is prohibited. All animal transactions must comply with the Animal Welfare Act and all applicable state and local regulations. See our Acceptable Use Policy for full details.

5.5 Buyer Safety Warning

FWDLink strongly recommends that you exercise extreme caution when conducting any transaction through the Marketplace. To protect yourself:

• Always meet in a public place, such as a police station safe exchange zone, coffee shop, or bank lobby.
• Never send money via wire transfer, cryptocurrency, gift cards, Zelle, Venmo, or any other irreversible payment method to a person you have not met and verified.
• Never share financial account information, Social Security numbers, or other sensitive personal data.
• Inspect all items in person before payment. Obtain receipts and documentation.
• Be skeptical of deals that seem too good to be true — they usually are.
• Report suspected fraud to us through Support and to your local law enforcement.

We are not responsible for the conduct of any user on or off the Platform, for any transaction that goes wrong, for any fraud perpetrated by any user, or for any physical harm resulting from any meeting arranged through the Platform.

5.6 FOSTA-SESTA Compliance

FWDLink strictly prohibits the use of the Platform to promote, facilitate, or engage in human trafficking, sex trafficking, or the commercial sexual exploitation of any person. Any listing, content, or communication that promotes or facilitates such activity will be immediately removed, the account will be terminated, and the matter will be reported to the National Human Trafficking Hotline and law enforcement. If you encounter such content, report it immediately through Support or call 1-888-373-7888.

6. Business Listings and Verified Accounts

FWDLink offers free business listings and paid "Verified" or "Pro" accounts for businesses and service professionals. By creating a business listing or Pro account, you represent that:

• All business information you provide is accurate and current.
• You are authorized to represent the business or professional entity you list.
• You will promptly update your listing if any information changes.

Verified status is granted at our discretion based on the information you provide. We reserve the right to revoke Verified status at any time if we determine that the information provided was inaccurate or misleading. Fees paid for Pro or Verified accounts are subject to our refund policy stated at the time of purchase.

7. Payments, Payouts, and Billing

This section is a summary. If you sell or receive money through the Platform, the Creator Terms are the full agreement and set out fees, the order in which deductions are applied, payout holds, rolling reserves, refunds and chargebacks, negative balances, dispute-rate thresholds, and taxes. If you buy, the Fan Terms set out what you get and for how long.

7.1 Payment Processing

All payments on the Platform are processed by Stripe, Inc. (and its affiliates), including through Stripe Connect for creator and business payouts where available. By making or receiving a payment, you also agree to Stripe's Terms of Service and Privacy Policy, and any applicable Stripe Connect terms. FWDLink does not store your full payment card information. Payout and identity verification data may be processed by Stripe as described in our Privacy Policy.

7.2 Platform Fees — Service Businesses vs Creator Rails

All fees are stated in US Dollars (USD) unless otherwise indicated and are exclusive of applicable taxes. You are responsible for paying all taxes associated with your transactions.

• Service-business rails: Service payments on the Platform — including estimates, invoices, work orders, and bookings for service businesses — may include a FWDLink platform fee based on your plan (for example, Starter accounts may pay a disclosed percentage fee on successful online CRM/booking payments, capped as stated in product pricing). Pro and Business plans currently have no FWDLink platform fee on those service rails, unless a different fee is expressly disclosed at the point of purchase or in a written plan agreement.
• Creator rails: When fans pay creators through creator monetization features (for example memberships, tips, digital products, or paid messages), FWDLink may collect a platform fee as disclosed in the product UI and on relevant creator surfaces at the time of the transaction. Paid workspace plans may provide additional storage or features.

FWDLink reserves the right to change its fee structure at any time with reasonable notice. Stripe and your bank may charge additional processing, currency-conversion, or payout fees that we do not control.

7.3 Creator Payouts

Creator and other payee earnings are paid out through Stripe Connect (or another payment partner we designate) to the payment method you connect, subject to identity verification, risk reviews, hold periods, minimum payout thresholds, and applicable law. We may delay, suspend, reverse, or withhold payouts when we reasonably believe there is fraud, a Terms violation, a chargeback or refund risk, incomplete KYC, a legal process, or an error. Earnings shown in your dashboard are not guaranteed until successfully paid out and cleared.

7.4 Refunds, Chargebacks, and Payment Disputes

Our Refund & Cancellation Policy explains how to cancel a plan, when a charge may be refunded, and how to request a refund. In summary: Listing Fees are non-refundable once a listing is published. Subscription fees for Pro or workspace plans are non-refundable except as required by applicable law. Creator-to-fan purchases (memberships, tips, digital products, paid messages, and similar) are generally final between the fan and the creator once delivered or unlocked, except where required by law or where we determine a refund is appropriate (for example, clear non-delivery or fraud). If you believe you were charged in error, contact us at Support or Contact us within 60 days of the charge (or sooner if the Refund Policy or applicable law requires a shorter window).

Fans agree not to initiate unjustified chargebacks. Creators are responsible for fulfilling paid offerings as described. If a payment is refunded or charged back, we may deduct the related amount (including fees and chargeback costs) from the creator's balance or future payouts, and may suspend features or accounts involved in abusive refund or chargeback activity. FWDLink is a platform intermediary for creator transactions and is not the seller of creator content unless we expressly state otherwise.

7.5 Taxes

Creators and businesses are solely responsible for determining, reporting, and paying all taxes applicable to their earnings and activities on the Platform. We may collect tax information (such as a W-9 or equivalent) and issue tax forms (such as Form 1099) where required by law. We do not provide tax advice.

8. Intellectual Property

The Platform and all of its original content (excluding User Content), features, and functionality are and will remain the exclusive property of FWDLink and its licensors. Our trademarks, logos, and trade names may not be used in connection with any product or service without prior written consent. You may not copy, modify, distribute, sell, or lease any part of our Platform without permission.

9. Copyright and DMCA

We respect intellectual property rights and expect our users to do the same. If you believe that any content on the Platform infringes your copyright, please review our DMCA Notice and Takedown Policy and submit a proper takedown notice to dmca@fwdlink.com.

We will respond to valid DMCA notices and may disable or remove infringing content. Repeat infringers will have their accounts terminated.

10. Prohibited Conduct

You agree not to use the Platform to:

• Violate any applicable law or regulation.
• Post false, misleading, or fraudulent content or listings.
• Harass, threaten, intimidate, or harm any other user.
• Impersonate any person or entity or misrepresent your affiliation.
• Post spam, unauthorized advertising, or promotional materials.
• Attempt to gain unauthorized access to any account, system, or network.
• Use automated means (bots, scrapers) to access or collect data from the Platform without permission.
• Post or transmit viruses or any malicious code.
• Engage in any activity that disrupts or interferes with the Platform's functionality.
• Upload, share, or monetize CSAM, non-consensual intimate imagery, trafficking-related content, or other zero-tolerance content described in Section 4.7.
• Mislabel mature content or attempt to evade age-gating or payment controls.
• Use payments features for money laundering, sanctions evasion, or other financial crime.

See our full Acceptable Use Policy for detailed prohibited activities.

11. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Platform, you consent to our collection and use of personal information as described in the Privacy Policy.

12. Field Service Application

FWDLink offers a mobile application (available on the Apple App Store and Google Play) that provides field service documentation tools including timestamped jobsite photos, GPS location tagging, weather context capture, job address-based organization, team chat, document storage, estimates, work orders, and invoices (collectively, "Field Service Features"). These features are available to users who upgrade to a Pro or Verified account.

12.1 Nature of the Field Service Application

The Field Service Features are provided as productivity and documentation tools only.FWDLink is not a licensed engineering firm, insurance company, legal services provider, or regulatory body. Nothing in the Field Service Features constitutes professional advice of any kind, including legal, engineering, insurance, or construction advice.

12.2 Photo Timestamp and GPS Data

Timestamps embedded in photos are derived from the device's internal clock and GPS module.FWDLink does not independently verify, certify, or guarantee the accuracy of any timestamp, GPS coordinate, or weather reading. Timestamp and GPS accuracy are subject to device hardware limitations, GPS signal availability, network conditions, and user-controlled device settings. We make no representation that timestamps or location data recorded through the Platform will be accepted as evidence in any legal, insurance, regulatory, or arbitration proceeding. Users who require certified or legally admissible documentation should consult qualified legal professionals and use certified tools appropriate for their jurisdiction.

12.3 Weather Data

Weather conditions displayed or embedded in photos are obtained from third-party weather data providers. FWDLink does not control, verify, or guarantee the accuracy of weather data. Weather readings are approximate and may not reflect actual on-site conditions. Do not rely on weather data from this Platform for safety-critical decisions.

12.4 Estimates, Work Orders, and Invoices

The estimate, work order, and invoice tools are provided for administrative convenience only. You are solely responsible for the accuracy, completeness, and legality of all estimates, work orders, invoices, and any other financial or contractual documents you create using the Platform. FWDLink is not responsible for pricing errors, contract disputes, unpaid invoices, or any financial outcomes arising from your use of these tools. All contractual relationships are solely between you and your clients.

12.5 Client Share Links

The Platform allows you to generate read-only share links for clients to view job documentation without creating an account. You are responsible for controlling access to share links and for ensuring that sharing any content through these links complies with applicable privacy laws and your contractual obligations to your clients. FWDLink is not liable for unauthorized access to content shared via links you distribute.

12.6 Team Features

Team chat, shared job access, and crew collaboration features are provided for your convenience. You are responsible for managing team member access and for all content posted by team members under your account. You represent that all team members using your account have accepted these Terms.

13. Data Loss and Backup

FWDLINK DOES NOT GUARANTEE THAT ANY DATA, PHOTOS, DOCUMENTS, ESTIMATES, INVOICES, OR OTHER CONTENT YOU STORE ON THE PLATFORM WILL NOT BE LOST, CORRUPTED, OR PERMANENTLY DELETED. While we maintain industry-standard backup practices, data loss can occur due to hardware failures, software errors, cyberattacks, natural disasters, or other circumstances beyond our control.

You are solely responsible for maintaining independent backups of all critical data, photos, and documents you store on the Platform. We strongly recommend that you:

• Regularly export and locally store copies of all jobsite photos, estimates, invoices, and documents.
• Maintain backup copies of any data that is critical for legal, insurance, regulatory, or business purposes.
• Do not rely solely on the Platform as your only storage for legally or professionally critical records.

In the event of data loss, FWDLink will use commercially reasonable efforts to recover lost data but cannot guarantee recovery. FWDLink shall not be liable for any data loss, regardless of cause, including loss of business records, job documentation, financial records, or any other data stored on the Platform.

14. Service Availability and Interruptions

The Platform is provided on an "as available" basis. We do not guarantee uninterrupted, continuous, or error-free access to the Platform at any time. The Platform may be temporarily unavailable due to:

• Scheduled or emergency maintenance.
• Server outages, hardware failures, or network disruptions.
• Third-party service provider failures (including cloud hosting, payment processors, or authentication services).
• Cyberattacks, distributed denial-of-service (DDoS) attacks, or security incidents.
• Force majeure events including natural disasters, pandemics, or government actions.
• Actions beyond our reasonable control.

FWDLink shall not be liable for any losses, damages, lost revenue, missed deadlines, or other consequences arising from service interruptions or unavailability of the Platform, regardless of the cause or duration. Field service professionals should maintain offline backup documentation methods and should not rely exclusively on the Platform for time-sensitive or safety-critical operations.

We do not provide any Service Level Agreement (SLA) or uptime guarantee for free accounts. Pro account uptime commitments, if any, will be specified separately in the Pro account terms.

15. Mobile Application and App Stores

The FWDLink mobile application is available on the Apple App Store and Google Play Store. Your use of the mobile application is also subject to the applicable terms and conditions of the app store through which you downloaded the application:

• Apple App Store: If you download the application from the Apple App Store, you acknowledge that Apple, Inc. is not a party to these Terms and has no obligation to provide any maintenance or support for the application. Apple has no warranty obligations for the application. Apple is not responsible for addressing any claims relating to the application. In the event of any failure to conform to applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to the mobile application, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• Google Play: If you download the application from Google Play, Google LLC is not a party to these Terms and bears no responsibility for the application, its content, or your use of it.

We reserve the right to update, modify, or discontinue the mobile application at any time without notice. Continued availability on app stores is not guaranteed. We are not responsible if the application is incompatible with your device's operating system version or hardware. In-app purchases, if any, are subject to the applicable app store's payment and refund policies in addition to these Terms.

16. Public Content, Reviews, and Defamation

The Platform includes social features that allow users to post publicly visible content, including project photos, before-and-after albums, business reviews, community posts, and marketplace listings (collectively, "Public Content"). By posting Public Content, you agree to the following:

16.1 Your Responsibility

You are solely and exclusively responsible for all Public Content you post.You represent and warrant that your Public Content is truthful, accurate, and does not:

• Defame, libel, slander, or otherwise harm the reputation of any individual, business, or entity.
• Constitute false statements of fact presented as true.
• Constitute tortious interference with business relationships.
• Violate any third party's privacy, publicity, or other rights.
• Constitute harassment, cyberbullying, or targeted abuse of any individual.

16.2 No Endorsement

FWDLink does not verify, endorse, or take responsibility for any Public Content. The appearance of Public Content on the Platform does not constitute our approval, recommendation, or certification of any statement, review, or claim made therein.

16.3 Section 230 Protection

FWDLink is an interactive computer service as defined under 47 U.S.C. § 230 of the Communications Decency Act. We are not the publisher or speaker of User Content posted by third parties on our Platform and are not liable for User Content under applicable law. We reserve the right, but are not obligated, to remove User Content that we determine, in our sole discretion, to be defamatory, false, harmful, or otherwise in violation of these Terms.

16.4 Reporting Defamatory Content

If you believe that content posted on the Platform about you or your business is defamatory or false, please contact us through Support with a description of the content, its location (URL), and a detailed explanation of why you believe it is false or defamatory. We will review your report and take action at our sole discretion. Submission of a report does not guarantee removal of the content.

16.5 Indemnification for Defamatory Content

If any claim is brought against FWDLink arising from or related to Public Content you posted, you agree to defend, indemnify, and hold harmless FWDLink from any such claim, including all costs, damages, and attorneys' fees.

17. Professional Services Disclaimer

Nothing on the Platform constitutes legal, financial, tax, insurance, engineering, construction, medical, or other professional advice. The Platform is a general-purpose productivity and community tool and is not a substitute for consultation with qualified professionals in the relevant fields.

Specifically:

• Jobsite photo documentation created through the Platform is not a substitute for certified inspection reports, licensed engineering assessments, or official government documentation.
• Estimates and invoices created through the Platform do not constitute legal contracts unless separately executed by both parties under applicable law.
• FWDLink does not provide legal advice regarding the admissibility of digital evidence, and users should consult licensed attorneys regarding evidentiary requirements in their jurisdiction.
• FWDLink does not provide insurance advice. Users should consult licensed insurance professionals for coverage guidance.

18. Third-Party Services and Outbound Links

The Platform may contain links to third-party websites or services. FWDLink is not responsible for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

18.1 FWDLink Is a Link Hub — We Do Not Host Destination Content

A core function of the Platform is to let users create a public profile that forwards visitors to content, subscriptions, storefronts, and services that already exist on external platforms. When a visitor taps an outbound link on a FWDLink profile, they leave the Platform and are directed to a third-party website. FWDLink does not host, store, stream, review, endorse, or process payments for the content located at those external destinations,and their appearance as a link on the Platform does not constitute our approval or verification of that content.

18.2 Age-Restricted Outbound Links and On-Platform Mature Content

Users may designate an outbound link as intended for adults (18+). When a link is so designated, the Platform may display an age-confirmation notice before forwarding the visitor to the external destination. This notice is a courtesy interstitial only. Content hosted on third-party destinations is subject to those platforms' own terms, age-verification, and compliance obligations. Users who publish age-restricted outbound links are solely responsible for accurately labeling such links and for ensuring their links and destination content comply with all applicable laws.

Mature or adult content hosted on FWDLink (including profile media, albums, membership content, and messages) is permitted only when labeled and offered in compliance with Section 4.4, our Acceptable Use Policy, and applicable law. We may remove or restrict mislabeled or unlawful content.

19. Disclaimer of Warranties

19.1 No Guaranteed Business or Social Outcomes

The Platform may help you display your work, profile, listings, or other content so that other users in your area or community can discover it. FWDLink does not guarantee any minimum or specific level of views, impressions, ranking, messages, inquiries, leads, customers, jobs, hires, sales, revenue, or any other business or social outcome. Results depend on many factors outside our control, including user behavior, competition, seasonality, and the quality and relevance of your content. Marketing or help text on our websites, apps, or communications describes general possibilities and tools for visibility and connection—not promises that you will achieve any particular result.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

FWDLink does not warrant that: (a) the Platform will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet your requirements.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FWDLINK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of, or inability to access or use, the Platform;
• Any conduct or content of any third party on the Platform, including User Content, messages, and mature content;
• Any content obtained from the Platform;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any marketplace transaction or interaction between users;
• Any creator-to-fan transaction, membership, tip, digital product, paid message, refund, chargeback, payout delay, or payment-processor action;
• Any removal, restriction, or suspension of content, accounts, or payouts in accordance with these Terms.

In no event shall FWDLink's total liability to you for all claims exceed the greater of (a) the amount you paid to FWDLink in platform fees (excluding amounts paid to other users) in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

21. Indemnification

You agree to defend, indemnify, and hold harmless FWDLink and its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms or our policies; (b) your User Content, including messages and mature content; (c) your use of the Platform; (d) your marketplace listings or transactions; (e) your creator monetization, payouts, taxes, refunds, or chargebacks; (f) your interactions with other users; or (g) your violation of any third party's rights or any applicable law.

22. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

22.1 Informal Resolution

Before initiating any formal dispute process, you agree to contact us at Support and attempt to resolve the dispute informally. You agree to give us at least 30 days to resolve the issue before initiating arbitration.

22.2 Binding Arbitration

If the dispute cannot be resolved informally, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Miami-Dade County, Florida, or via videoconference. The arbitrator shall have authority to grant any relief that a court could grant. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

22.3 Class Action Waiver

YOU AND FWDLINK EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND FWDLINK EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

22.4 Exceptions

Notwithstanding the above: (a) either party may seek injunctive or equitable relief in a court of competent jurisdiction in Florida to prevent irreparable harm; (b) claims within the jurisdiction of small claims court may be brought in small claims court.

22.5 Time Limitation on Claims

YOU MUST BRING ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR SUCH CLAIM WILL BE PERMANENTLY BARRED.

23. Termination

We may terminate or suspend your account, content, monetization features, and access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms or our policies, create risk to users or payments, or as required by law or payment partners. Upon termination, your right to use the Platform will cease immediately. We may retain certain records as required by law or for fraud prevention, tax, and dispute resolution. Pending payouts may be delayed, set off against amounts you owe, or withheld where permitted by law. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, licenses needed for archival/legal purposes, warranty disclaimers, indemnity, and limitations of liability.

You may stop using the Platform and request account deletion as described in our Privacy Policy. Deletion may be delayed while active subscriptions, payouts, chargebacks, or investigations are resolved.

24. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and FWDLink regarding the use of the Platform and supersede all prior agreements.

25. California Consumer Rights (CCPA)

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to delete personal information, the right to opt-out of the sale of personal information, and the right to non-discrimination for exercising your privacy rights. We do not sell personal information. To exercise these rights, contact us at Support or use our Do Not Sell / CCPA Requests page. See our Privacy Policy for full details.

California users also have rights under California Civil Code § 1789.3 regarding electronic commerce. If you have a complaint regarding the Platform, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

26. Force Majeure

FWDLink shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, cyberattacks, government actions, labor disputes, power outages, telecommunications failures, or failures of third-party service providers (including cloud hosting, payment processors, or authentication services).

27. Service Availability, Sanctions, and Export Compliance

Not every feature is offered everywhere. Payment partners, local law, and sanctions rules can limit where certain services work. Our Availability & Geographic Restrictions page explains how availability is determined, the limits of the location signal we rely on, and our position on sanctions.

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, ordinarily resident in, or a national of, any country or territory subject to comprehensive U.S. Government embargo or sanctions, that you are not listed on any U.S. Government list of prohibited or restricted parties, and that you are not owned or controlled by, or acting on behalf of, any such person or entity. Misrepresenting your location in order to reach a service that is not offered where you are is a breach of these Terms.

28. Auto-Renewable Subscriptions

If you purchase an auto-renewable subscription through the Platform, the following terms apply:

• Payment will be charged to your designated payment method at confirmation of purchase.
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
• Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

29. Contact Us

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

WorkFotos LLC, dba FWDLink
2125 Biscayne Blvd, Ste 204 #21075
Miami, FL 33137-5029
Phone: +1 (305) 537-6170
Support: fwdlink.com/support
Website: www.fwdlink.com