Terms of Service

01 — Who we are and what WageCop is

WageCop is operated by WageCop LLC, a California limited liability company ("WageCop LLC," "WageCop," "we," "us," or "our"). WageCop LLC is owned by Eugene Lee, a California-licensed attorney. Eugene Lee is also the founder of California Labor Law, a California law firm. WageCop LLC and California Labor Law are separate legal entities. California Labor Law does not own, operate, or control WageCop, and WageCop does not act on behalf of California Labor Law or any other law firm.

WageCop is a mobile application and companion website that allows California workers to record their work hours, keep an independent record of each punch, and receive informational flags when their records suggest potential issues under California wage and hour law.

02 — WageCop is not a law firm; the App is not legal advice

WageCop LLC is not a law firm. We do not provide legal services. Information provided through the App or the Site — including alerts, overtime calculations, break-period assessments, educational content about California labor law, and any other output generated by the App — is not legal advice and is not a substitute for advice from a licensed attorney. Your use of WageCop does not create an attorney-client relationship between you and WageCop LLC, between you and Eugene Lee, or between you and any law firm owned by or affiliated with any owner of WageCop LLC.

WageCop does not refer users to specific law firms, does not receive any compensation for routing users to any specific law firm, and does not share your account information or records with any law firm on your behalf.

If you may be owed unpaid wages or break premiums, consult a licensed California labor attorney about your specific situation. Filing deadlines apply to wage and hour claims in California. Do not rely on the App to preserve your legal rights.

No fiduciary or special relationship. No fiduciary, advisory, consulting, or other special-relationship duty is created by your use of WageCop. Your relationship with WageCop LLC is that of a software user and provider only. You should not rely on the App as a substitute for the judgment of a licensed attorney or other professional, and WageCop LLC owes you no duty of care beyond the operational obligations expressly set forth in these Terms.

03 — Eligibility and accounts

3.1 Who can use WageCop

You must be at least 18 years old, legally able to enter into a binding contract, and not barred from using WageCop under applicable law to create an account. WageCop is intended primarily for workers employed in the State of California; other users may create accounts but should note that the App's detection features are tuned to California labor law and will not reliably identify potential wage-and-hour issues under the laws of other states or jurisdictions.

3.2 Account creation, security, and communications consent

To use most features of WageCop, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@wagecop.com if you suspect unauthorized access to your account.

By creating an Account, you agree to receive communications from WageCop LLC related to your account and your use of the App, including by email to the address associated with your Account, by SMS or push notification to the device on which you have installed the App, and by in-App notification. These communications may include account-verification codes, security alerts, service announcements, and other operational messages. You may opt out of SMS messages by replying "STOP" to any such message; opting out of SMS does not affect your receipt of operational email or in-App notifications. If we suspect fraud or unauthorized activity on your Account, we may contact you using any contact information associated with your Account regardless of your communications preferences. Communications between you and WageCop LLC may be monitored or recorded for quality assurance, training, and compliance purposes.

3.3 One account per person

You may maintain only one active WageCop account. Creating multiple accounts to evade restrictions, manipulate forum activity, or generate fraudulent records is prohibited.

04 — How you may use WageCop

You may use WageCop only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App to record punches at times other than when you are actually clocking in, clocking out, taking a meal break, or taking a rest break;
• Submit false, misleading, or fabricated timesheet information;
• Use the App in connection with any fraudulent claim, scheme, or legal proceeding;
• Attempt to reverse-engineer, decompile, or otherwise derive the source code of the App or the Site, except to the extent such restriction is prohibited by applicable law;
• Interfere with, disrupt, or attempt to gain unauthorized access to WageCop's servers, infrastructure, or accounts of other users;
• Use automated means (bots, scrapers, scripts) to access or collect information from the App or the Site;
• Use the App or any content available through the App or the Site, whether or not you are logged in, for any commercial purpose or for developing software, including training machine-learning or artificial intelligence systems, without WageCop LLC's prior written permission;
• Use WageCop to harass, threaten, defame, or stalk any person; or
• Use WageCop in breach of any applicable law or regulation.

05 — Accuracy of your records

You are solely responsible for ensuring that your punch records accurately reflect your actual work hours. The App timestamps and GPS-tags each punch at the moment you record it. Do not record punches at times other than when you are actually clocking in, clocking out, taking a meal break, or taking a rest break. Falsification of time records may have legal consequences, including under your employment agreement and under applicable criminal law. By recording each punch and by submitting your records through the App, you represent and warrant to WageCop LLC that every punch you record reflects an event that actually occurred at the time and location indicated, and that you have not falsified, fabricated, or knowingly misrepresented any timesheet information. WageCop LLC has no obligation to verify the accuracy of any record you submit and is entitled to rely on your representations.

Originals are immutable; corrections are audit-logged. Once a punch is saved, the original record cannot be edited or silently overwritten — by you, by WageCop LLC, or by anyone else. If a punch needs to be voided (for example, a duplicate punch or a punch recorded in error), the void is itself recorded in a separate audit log along with the time of the void and any reason you provide. The same applies if you dismiss an alert in the App. The intent is to preserve the complete history of your records, not to erase parts of it.

About "tamper-evident" records. WageCop is designed to create records that are difficult to alter after the fact, using cryptographic hashing, GPS coordinates, and device-identification signatures. However, the App does not guarantee that your records will be admissible as evidence in any legal proceeding. Admissibility depends on many factors, including rules of evidence, chain of custody, authentication, the facts of the specific case, and the discretion of the tribunal. WageCop makes no representation that any record will be accepted by any court, arbitrator, administrative agency, or other tribunal. If you intend to rely on WageCop records in a legal proceeding, consult a licensed attorney about the specific admissibility considerations for your situation.

06 — User Content (forum, punch notes, and other submissions)

6.1 What "User Content" means

"User Content" refers to any content you submit to or through WageCop, including (a) posts, comments, replies, edits, and reports submitted to the in-App community forum; (b) notes, reasons, or descriptions you attach to a punch record, an alert dismissal, or a void operation; and (c) any other text or information you submit through the App or the Site. The provisions of this Section 6 apply to all User Content. Subsections that specifically address forum behavior are identified as such.

The forum is intended to let workers share first-hand experiences, ask questions, and support one another. Nothing in this Section 6 is intended to restrict, and shall not be applied to restrict, your rights under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157, including your right to engage in concerted activity with other employees regarding wages, hours, or other terms and conditions of employment. We will interpret and apply this Section 6 consistent with that intent.

6.2 Your responsibilities when posting

By submitting User Content, you represent, warrant, and agree that:

• The content is your own first-hand experience, truthful, and not misleading;
• The content does not contain false, defamatory, libelous, slanderous, or otherwise unlawful statements about any person, employer, coworker, supervisor, or other third party;
• The content does not disclose trade secrets, confidential business information, or information you are contractually or legally prohibited from sharing;
• The content does not infringe any person's privacy, publicity, or other rights, and does not contain personally identifying information about identifiable individuals (other than yourself) without their consent;
• The content is not harassing, threatening, discriminatory, obscene, or otherwise abusive;
• You have all rights necessary to submit the content and to grant the license described in Section 6.4; and
• Submitting the content does not breach any law, contract, or obligation to which you are subject.

6.3 You are responsible for what you post

You — not WageCop LLC — are solely responsible for User Content you submit. WageCop LLC is not the author or publisher of User Content, does not endorse User Content, does not verify the accuracy of User Content, and is not liable for any User Content submitted by any user. If a third party claims that User Content you submitted is defamatory, harmful, or otherwise unlawful, you agree that the dispute is between you and that third party, and you agree to indemnify WageCop LLC as set forth in Section 12.

6.4 Your content, your ownership, our license

You retain ownership of the User Content you submit. By submitting User Content, you grant WageCop LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, display, and distribute the content on and through the App and Site for the purpose of operating, promoting, and improving WageCop. This license continues for as long as your content remains on the App or Site. If you delete your content or your account, the license ends for content that has been fully removed from our systems, except that we may retain copies as required by law or as described in our Privacy Policy.

6.5 We do not pre-screen; we reserve the right to remove

WageCop does not pre-screen User Content. We do not have an obligation to monitor or review content before it is posted. We reserve the right, but not the duty, to remove, edit, or refuse to display any User Content, at any time and for any reason or no reason, in our sole discretion, including content we believe in good faith to breach these Terms, to be false or defamatory, or to expose WageCop LLC, our users, or any third party to legal liability.

6.6 Edit, delete, and report tools

The App provides tools for managing your own forum content and for flagging the content of others:

• Edit your own posts. You may edit User Content you submitted. Edits do not erase the original — WageCop LLC retains a record of edit history for moderation and integrity purposes, and prior versions may continue to exist in our systems consistent with our Privacy Policy.
• Delete your own posts. You may delete User Content you submitted. As described in Section 6.4, deletion ends the license you granted to WageCop LLC for content that has been fully removed from our systems, except where retention is required by law or as described in our Privacy Policy.
• Report another user's post. If you believe User Content submitted by another user breaches these Terms, you may report it to WageCop LLC through the in-App reporting tool. Reports are reviewed under the standards in Sections 6.5 and 7. Submitting a knowingly false or bad-faith report is itself a breach of these Terms and may result in account action.

These in-App tools are in addition to — not in place of — the formal takedown process in Section 7, which remains available for claims by non-users (for example, employers, third parties, or rights-holders).

6.7 Administrator posts

WageCop LLC reserves "Administrator" status within the forum for platform-administration messages only — for example, announcements about service availability, posting rules, or moderation actions. Administrator posts are not legal advice, are not solicitations for legal services, and do not establish an attorney-client relationship with WageCop LLC, with Eugene Lee, or with any law firm. WageCop LLC does not authorize any law firm to post under Administrator status. If you receive a communication purporting to be from WageCop LLC that offers legal services to you, report it to support@wagecop.com.

6.8 Litigation funding disclosure

To ensure that disputes arising under these Terms are resolved fairly and on their merits, you agree to disclose to WageCop LLC the existence of any agreement under which a third party (other than your insurer, your retained counsel, or an immediate family member) provides financial support — including payment of attorneys' fees, costs, or other expenses — in exchange for an interest in any recovery you may obtain in connection with a Claim against WageCop LLC. A "Claim" for purposes of this Section means any dispute, demand, arbitration, lawsuit, or other proceeding asserted by you under these Terms.

If a Litigation Funding Agreement exists at the time you initiate a Claim against WageCop LLC, you must attach a true and complete copy of the agreement to your Notice of Dispute and to any subsequent arbitration demand or court complaint. If no such agreement exists, you must furnish a signed statement to that effect. Your disclosure obligation is continuing: if you enter into or modify a Litigation Funding Agreement at any time while a Claim against WageCop LLC is pending, you must supplement your disclosure within fourteen (14) days.

You acknowledge that the existence, terms, and parties to any Litigation Funding Agreement are not protected by attorney-client privilege, work-product protection, common-interest privilege, or any analogous privilege, and that this information may be sought through discovery and admitted in any proceeding under these Terms.

07 — Content removal and takedown process

7.1 How to submit a takedown request

If you believe that User Content on the WageCop forum is defamatory, infringes your rights or your intellectual property, or is otherwise unlawful, you may submit a takedown request by email to support@wagecop.com with the subject line "Takedown Request."

7.2 What your request must include

To enable us to process your request, please include:

• Your full legal name, title (if you are submitting on behalf of an organization), and contact information (email and phone);
• A specific identification of the User Content you are requesting be removed, including (where possible) a screenshot or direct link and approximate date of the post;
• A clear statement of the basis for the removal request — for example, that the content is false and defamatory, that it discloses confidential information, that it infringes your intellectual property, or that it infringes a specific legal right;
• For factual-falsity claims (such as defamation), a specific identification of which statements you contend are false and a brief description of why they are false;
• A good-faith statement that the information in your request is accurate and that you have the authority to act on behalf of the person or entity whose rights are alleged to have been infringed; and
• Your electronic or physical signature.

7.3 How we will respond

We will acknowledge receipt of a properly submitted takedown request within a reasonable time. We will review the request and, in our sole discretion, decide whether to remove the content, retain it, or take other action. We may contact the user who submitted the content to obtain their response. Our decision to remove or retain content is not a legal adjudication of the underlying claim and does not waive any rights or defenses of WageCop LLC or any user.

7.4 Copyright infringement (DMCA)

For claims of copyright infringement, follow the process in Section 7.2 and also include the additional elements required under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), including a statement under penalty of perjury that you have a good-faith belief that the use is not authorized and that the information in your notification is accurate.

7.5 Abuse of the takedown process

Knowingly submitting a false or baseless takedown request may subject the submitter to liability, including under 17 U.S.C. § 512(f) for false DMCA claims and under California law for other false or malicious requests.

08 — Fees, App Store, and advertising

8.1 App Store and Google Play fees

WageCop may be offered for purchase or download through the Apple App Store, the Google Play Store, or other distribution platforms (each, a "Store"). Any fees for downloading or using WageCop are charged by the Store in accordance with the Store's terms and pricing, and are subject to change. Purchases, refunds, billing disputes, and subscription management for WageCop are governed by the Store's policies, not by these Terms. If you have a billing question, contact the Store directly.

These Terms apply to your use of WageCop regardless of how you obtained the App, and are in addition to (not in place of) any terms imposed by the Store through which you downloaded WageCop.

8.2 Third-party advertising

WageCop LLC reserves the right to display paid advertising from third parties within the App or on the Site, including paid listings from law firms, attorneys, or other service providers. Any advertising will be clearly identified as such. The following terms apply to any advertising we display:

• No endorsement. Advertisements are paid promotions. WageCop LLC does not endorse, recommend, vouch for, verify the qualifications of, or guarantee the services of any advertiser. Inclusion of an advertiser in the App or on the Site is not a referral, is not legal advice, and is not a representation that the advertiser is the right choice for your situation.
• No matching. WageCop LLC does not match users with specific advertisers based on user-provided information, punch records, alerts, or other personal data. Any selection by you of an advertiser's services is your independent choice based on your own evaluation.
• No data sharing with advertisers. WageCop LLC does not share your account information, punch records, location data, alerts, or other personal information with advertisers. If you contact an advertiser, you do so on your own initiative, and any information you share with that advertiser is governed by the advertiser's own terms and privacy practices — not by these Terms or our Privacy Policy.
• No compensation tied to outcomes. WageCop LLC does not and will not accept compensation from any advertiser that is tied to whether you pursue a legal claim, which advertiser you select, the outcome of any legal matter, or any fees an advertiser may earn from you.
• Your interactions with advertisers are between you and them. WageCop LLC is not a party to, and is not responsible for, any agreement, representation, service, or transaction between you and any advertiser. Any dispute arising out of your interaction with an advertiser is between you and the advertiser.
• Owner-affiliated advertisers disclosed. WageCop LLC's owner, Eugene Lee, separately owns California Labor Law, a California law firm. If California Labor Law appears as an advertiser within the App or on the Site, that advertising will be subject to the same uniform terms, rates, and placement logic as any other advertiser, and will be conspicuously identified at each placement as owner-affiliated. WageCop LLC does not provide California Labor Law (or any other law firm) with preferential placement, rate discounts, user data, or any other advantage not available to all advertisers on identical terms.

09 — Intellectual property

9.1 Our content

The App, the Site, and all content, design, code, trademarks, logos, software, and other materials made available through them (excluding User Content) are owned by WageCop LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. "WageCop" and the WageCop logo are trademarks of WageCop LLC. You may not use our trademarks, logos, or branding without our prior written permission, except as required for factual reference (such as identifying the App by name in non-misleading commentary).

9.2 Your limited license

Subject to these Terms, WageCop LLC grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, and to access the Site, for your personal, non-commercial use. This license does not permit you to copy, modify, distribute, sublicense, or create derivative works of the App or Site, or to use them to build a competing product, or to use them to train machine-learning or artificial intelligence systems.

9.3 Your data, your records

Your punch records, timesheet data, and other personal information you submit to WageCop are yours. You may export your data at any time. Our handling of your personal information is governed by our Privacy Policy.

10 — Disclaimers; no warranties

The App and the Site are provided "as is" and "as available," without warranty of any kind, express or implied.

To the fullest extent permitted by applicable law, WageCop LLC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade. Without limiting the foregoing, we do not warrant that:

• The App or Site will be uninterrupted, secure, error-free, or free of harmful components;
• The App's detection features will identify every potential wage and hour issue, or that every alert it generates reflects an actual legal entitlement under applicable law and your specific circumstances;
• Any calculation made by the App — including overtime, double overtime, split-shift premiums, or unpaid wages — is accurate for your specific employment situation, which may be subject to exceptions, exemptions, or industry-specific rules;
• Records generated by the App will be admissible as evidence in any proceeding, or that such records will be determinative of any claim;
• Use of the App will result in any particular outcome, recovery, or settlement in any wage claim, arbitration, or legal proceeding.

The App's alert-detection engine is built on general provisions of California labor law and is provided for informational purposes. Labor law is fact-intensive; many exceptions, exemptions, and industry-specific rules apply. A flag generated by the App does not mean you have a viable legal claim, and the absence of a flag does not mean your wages have been paid correctly under California law. Always consult a licensed California labor attorney about your specific situation.

Algorithmic outputs. WageCop LLC's use of algorithmic detection, pattern matching, and computational analysis in the App — including in the alert-detection engine, wage calculations, and alert generation — does not constitute a guarantee or warranty of any kind, express or implied. Algorithmic outputs are simplified approximations of complex statutory and regulatory requirements and may omit industry-specific exemptions, special-rule provisions for particular occupations or wage orders, collective-bargaining-agreement overrides, or other situational factors. California labor law changes frequently — through legislation, regulation, judicial decision, and Wage Order revision — and the App's logic may lag those changes. You are responsible for verifying any algorithmic output with a licensed California labor attorney before relying on it for any legal purpose.

The App distinguishes between evidentiary records — punch events, voids, and dismissals, which are cryptographically sealed at the moment of capture and are not changed by subsequent updates to the App — and computed outputs — alerts, summaries, and calculated premiums, which are derived from the evidentiary records and may change as the App's calculation logic is updated to reflect changes in applicable law or refinements in detection accuracy. When the App is updated, your original records do not change; only the way the App interprets them may change.

Independent preservation of your records. The App is designed to create durable, tamper-evident records, but no software is immune from device loss, account compromise, accidental deletion, operating-system-level interference, mobile-platform permission failures, synchronization failure, or other risks beyond WageCop LLC's reasonable control. You are solely responsible for maintaining your own independent backups of your records by regularly exporting your data through the export feature provided in the App, retaining the export files in a location you control, taking screenshots of records you believe may be material to any actual or potential claim, and consulting a licensed attorney about evidence preservation in the context of that claim. WageCop LLC's role is limited to providing the App and is not responsible for the preservation, admissibility, or integrity of your records as evidence in any proceeding.

11 — Limitation of liability

To the fullest extent permitted by applicable law:

WageCop LLC, its owner, its affiliates, and their respective officers, members, employees, agents, and service providers (collectively, the "WageCop Parties") shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including damages for lost profits, lost wages, lost earnings, lost opportunities, lost data, loss of employment, failure to detect a potential wage-and-hour issue, incorrect detection of a potential wage-and-hour issue, reduction in recovery, denial of any claim, or damage to reputation — arising out of or related to your use of or inability to use the App or the Site, even if the WageCop Parties have been advised of the possibility of such damages.

The limitations in this Section 11 apply regardless of the legal theory on which a claim is based — including contract, tort, negligence, strict liability, or any other theory — and regardless of whether the alleged conduct of WageCop LLC was negligent (whether sole, concurrent, comparative, active, or passive), except to the extent applicable law prohibits limiting liability for a specific category of conduct.

In no event shall the total aggregate liability of the WageCop Parties to you for all claims arising out of or related to these Terms, the App, or the Site exceed the greater of (a) the total amount you have paid to WageCop LLC in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations in this Section 11 apply to the fullest extent permitted by applicable law. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or gross negligence.

12 — Indemnification

You agree to indemnify, defend, and hold harmless the WageCop Parties from and against any and all claims, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the App or Site;
• Your breach of these Terms;
• Your breach of any applicable law or regulation;
• Your infringement of any third-party right, including rights of privacy, publicity, defamation, or intellectual property;
• Any User Content you submit, including claims that such content is defamatory, false, misleading, infringing, or otherwise unlawful;
• WageCop LLC's hosting, storage, display, reproduction, transmission, or distribution of any User Content you submit, in accordance with the license granted in Section 6.4;
• Your reliance on, or use of, any output generated by the App — including punch records, audit logs, alerts, computed wage figures, and exported reports — in any legal proceeding, claim, demand, arbitration, or administrative action; and
• Any false, misleading, or fraudulent information you submit through the App.

WageCop LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WageCop LLC in asserting any available defenses.

13 — Arbitration and dispute resolution

13.1 Scope

This Section 13 applies to any and all disputes, claims, controversies, or causes of action of any kind whatsoever, whether arising in contract, tort, statute (federal, state, or local), regulation, common law, equity, or any other legal or equitable theory, that arise out of, relate to, or have any connection with: these Terms, the Privacy Policy, the App, the Site, any output generated by the App (including punch records, audit logs, alerts, computed wage figures, and exported reports), any account you create or attempt to create, any communication you have with WageCop LLC, any advertisement displayed in the App or on the Site, the marketing or formation of these Terms, or the existence, scope, validity, or enforceability of this arbitration agreement itself (collectively, "Disputes"). This Section 13 is intended to be construed as broadly as the Federal Arbitration Act and applicable law permit.

This Section 13 governs Disputes between you and WageCop LLC only. It does not apply to, and has no effect on, any dispute between you and your employer, your former employer, any coworker, any government agency, or any other person — including any wage and hour claim you may bring against an employer in any forum.

13.2 Mandatory pre-arbitration notice and live meet-and-confer

The parties agree that good-faith informal efforts to resolve disputes often result in prompt, low-cost outcomes. Before either party may commence arbitration, the party seeking relief (the "Initiating Party") must deliver written notice of the dispute (a "Notice of Dispute") to the other party. A Notice of Dispute initiated by you must be sent by email to support@wagecop.com with the subject line "Notice of Dispute" and must contain all of the following:

1. Your full legal name, residential address, email address, and the email address associated with your WageCop account;
2. A detailed description of the conduct giving rise to the Dispute, including specific dates, events, and the names of any WageCop LLC personnel involved if known;
3. The specific provisions of these Terms or applicable law that you contend WageCop LLC has breached;
4. A specific description of the relief sought, including any monetary amount and the calculation of that amount; and
5. A signed and dated statement, under penalty of perjury, that the information in the Notice of Dispute is true and complete to the best of your knowledge.

A Notice of Dispute initiated by WageCop LLC will contain analogous information.

Following delivery of a complete Notice of Dispute, you and WageCop LLC shall meet and confer, by telephone or videoconference, in a good-faith effort to resolve the Dispute. You or your authorized representative shall appear and participate; if you are represented by counsel, counsel may participate alongside you or in your stead. Each Dispute shall be the subject of its own individual informal conference; multiple claimants may not participate in the same informal conference. The conference shall occur within sixty (60) days after delivery of a complete Notice of Dispute, unless the parties agree in writing to extend that period. Engaging in the informal-conference process required by this Section is a condition precedent to arbitration, and the Arbitrator shall dismiss without prejudice any arbitration demand filed before the informal conference has been completed. Statutes of limitations and any filing-fee deadlines shall be tolled from the date the Notice of Dispute is delivered through the date the informal conference concludes.

A Notice of Dispute that does not contain all of the elements required by this Section 13.2 is not effective, and any arbitration demand filed on the basis of an incomplete or non-conforming Notice of Dispute shall be dismissed without prejudice to refile after a conforming Notice of Dispute has been delivered. The information you provide in a Notice of Dispute is not admissible to prove liability but is admissible to prove compliance with this Section 13.2 and to test the consistency of any claim you ultimately assert in arbitration.

13.3 Binding individual arbitration

If a Dispute is not resolved within the period described in Section 13.2, the Dispute shall be resolved exclusively by final and binding individual arbitration, administered by JAMS under the JAMS Consumer Arbitration Minimum Standards and the JAMS Comprehensive Arbitration Rules and Procedures (or, where the amount in controversy is less than $250,000, the JAMS Streamlined Arbitration Rules and Procedures), in each case as in effect at the time the arbitration is commenced. The arbitration shall be conducted by a single neutral arbitrator (the "Arbitrator") selected in accordance with the applicable JAMS rules. The seat of arbitration shall be Los Angeles County, California. The Arbitrator may conduct proceedings by telephone, video conference, or in person, as permitted by the applicable JAMS rules. Judgment on the award may be entered in any court of competent jurisdiction.

If you are represented by counsel in arbitration, your counsel shall certify, by signing the arbitration demand, that to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (a) the demand is not presented for any improper purpose, including harassment, unnecessary delay, or the needless increase of dispute-resolution costs; (b) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation. The Arbitrator is authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state-law analog for violations of this requirement.

13.4 Exception: Small claims

Either party may bring an individual action in small claims court, in lieu of arbitration, for any claim that qualifies under the rules of that court. This exception applies only to individual claims brought by one party against the other, and only in small claims court. If a claim brought in small claims court is later expanded beyond the jurisdictional limits of that court, the action shall be removed to arbitration under this Section 13.

13.5 Exception: California public injunctive relief

Nothing in these Terms shall be construed to waive any right to seek public injunctive relief under California law, including under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), and any successor authority, in a court of competent jurisdiction. If a claim for public injunctive relief is asserted, that claim — and only that claim — shall proceed in the state or federal courts located in Los Angeles County, California, and all other claims shall proceed in arbitration or, at the election of WageCop LLC, be stayed in court pending resolution of the public-injunctive-relief claim.

13.6 Exception: Sexual assault and sexual harassment claims

In accordance with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402, you may, at your election, bring an individual Claim alleging sexual assault or sexual harassment occurring in connection with your use of the App or the Site in a court of competent jurisdiction rather than in arbitration. This exception applies only at your election and only to individual Claims; it does not waive the multi-party waiver in Section 13.7 as to any claim that may proceed in court.

13.7 Class, collective, representative, and multi-party waiver

You and WageCop LLC each agree that any dispute resolution proceeding shall be conducted only on an individual basis. Neither party may bring, participate in, or be a member of any class action, collective action (including any action under 29 U.S.C. § 216(b) or any analogous federal, state, or local statute), mass action, representative action, private attorney general action (except to the extent permitted by Section 13.5), joint action, consolidated action, hybrid action, or any other proceeding in which one party purports to act on behalf of, or jointly with, any other person.

Neither party may serve as a class representative, opt-in plaintiff, class member, named plaintiff in a representative capacity, or party plaintiff in any consolidated, joint, or coordinated proceeding against the other party. The Arbitrator may not consolidate the claims of more than one party, may not preside over any form of class, collective, mass, representative, joint, consolidated, hybrid, or other multi-party proceeding, and may not award class-wide, collective, mass, or representative relief.

If a court of competent jurisdiction determines that this Section 13.7 is unenforceable as to any particular claim or request for relief, then that particular claim or request (and only that particular claim or request) shall proceed in the state or federal courts located in Los Angeles County, California, while all other claims continue in arbitration as required by this Section 13. The unenforceability of this Section 13.7 as to any particular claim shall not affect the enforceability of this Section 13 as to any other claim, and shall not invalidate any other provision of these Terms.

13.8 Coordinated and mass-arbitration procedure

If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against WageCop LLC by, or with the assistance of, the same law firm, group of law firms, or coordinated counsel, within any 90-day period, the parties agree that those demands shall be administered as follows:

1. Staging. The demands shall be administered in successive stages. In the first stage, up to twenty (20) bellwether demands shall be selected — ten by the claimants' counsel and ten by WageCop LLC — and shall proceed to arbitration on an individual basis under this Section 13. Demands not selected in the first stage shall be administratively stayed pending the conclusion of the first stage.
2. Bellwether process. The bellwether arbitrations shall be conducted by a single Arbitrator or, at the election of JAMS, by a small panel of arbitrators administering the bellwether demands in parallel. Bellwether outcomes shall not have preclusive effect on stayed demands but shall be available to inform the parties' settlement negotiations.
3. Mediation. Upon conclusion of the first-stage bellwethers, the parties shall participate in a mandatory global mediation conducted by a JAMS-appointed mediator, with the goal of resolving the remaining stayed demands. The mediation period shall not exceed sixty (60) days.
4. Subsequent stages. Demands not resolved in the global mediation shall proceed in successive bellwether stages of up to twenty (20) demands each, under the same procedure, until all demands are resolved. A claimant whose demand is stayed retains the right to opt out of the staged procedure and litigate in small claims court (if eligible) at any time.
5. Fees. During the staged procedure, JAMS arbitration filing fees and arbitrator fees shall be allocated as required by the JAMS Consumer Arbitration Minimum Standards. The staged procedure does not alter the substantive law or the burden of proof applicable to any individual demand.
6. Statute of limitations tolling. The limitations period set forth in Section 13.15 shall be tolled for any demand that is administratively stayed under this Section 13.8, from the date of filing of the demand through the date the stay is lifted.

13.9 Offers of Judgment

At least ten (10) days before the date set for the arbitration hearing, either party may serve a written offer of judgment on the other party. If the offer is accepted, the offer and proof of acceptance shall be submitted to the Arbitrator, who shall enter judgment accordingly. If the offer is not accepted before the earlier of (a) the start of the arbitration hearing or (b) the thirtieth (30th) day after service, the offer shall be deemed withdrawn and shall not be admissible at the hearing for any purpose except as set forth in this Section. If an offer is not accepted and the offeree subsequently fails to obtain an arbitration award more favorable to the offeree than the offer, then (i) the offeree shall not recover any costs incurred after the date of the offer, and (ii) the offeree shall pay the offering party's costs incurred from the date of the offer through the conclusion of the arbitration, notwithstanding the withdrawal of the offer. "Costs" for purposes of this Section include arbitration filing fees, arbitrator fees, and any other costs recoverable under applicable law.

13.10 Arbitration fees and costs

Arbitration fees and costs shall be allocated in accordance with the JAMS Consumer Arbitration Minimum Standards and the applicable JAMS rules in effect at the time the arbitration is commenced. Each party shall bear its own attorneys' fees and costs, except that the Arbitrator may award attorneys' fees and costs to the prevailing party to the extent authorized by applicable law, including where the Arbitrator determines that a claim, counterclaim, or defense was frivolous, brought in bad faith, or brought for an improper purpose.

13.11 Jury trial waiver

To the maximum extent permitted by applicable law, you and WageCop LLC each waive any right to a jury trial in any proceeding arising out of or relating to these Terms, the App, the Site, or any Dispute, whether such proceeding is brought in arbitration, in court (under any exception in this Section 13), or otherwise.

13.12 Delegation; who decides arbitrability

This Section 13.12 is intended to be a "clear and unmistakable" delegation of arbitrability questions to the Arbitrator within the meaning of Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. 63 (2019), and Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63 (2010).

Except as provided in the following sentence, any and all questions concerning the existence, validity, enforceability, scope, applicability, or interpretation of this arbitration agreement — including any claim that all or any part of this arbitration agreement is void, voidable, unconscionable, or otherwise unenforceable — shall be decided exclusively by the Arbitrator, not by any court. The only exceptions are: (a) any issue concerning the validity, enforceability, or scope of the multi-party waiver in Section 13.7, which shall be decided by a court of competent jurisdiction; and (b) any claim for public injunctive relief preserved under Section 13.5, which shall proceed in court as set forth in that Section.

13.13 Application to third parties

This Section 13 binds and shall include any Claims brought by or against any third parties whose underlying claims arise out of or relate to your use of the App or the Site, including your guests, spouse, domestic partner, heirs, estate, third-party beneficiaries, and assigns. You are responsible for providing notice of these Terms, including this Section 13, to any third party whose claims may be subject to it. To the extent any such third party brings a Claim against WageCop LLC, that Claim shall be subject to this Section 13.

13.14 Governing rules

The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this arbitration agreement, including the validity, scope, and enforceability of every provision of this Section 13. To the extent the Federal Arbitration Act is held inapplicable to any provision, that provision shall be governed by the laws of the State of California, without regard to its conflict-of-laws principles.

13.15 One-year limitations period

Any claim or cause of action you may have arising out of or relating to these Terms, the App, the Site, or any Dispute must be brought within one (1) year after the claim or cause of action accrues, regardless of any longer statutory limitations period that would otherwise apply, except where this limitation is prohibited by applicable law. A claim or cause of action not brought within one year is permanently barred. The one-year period begins to run on the date you knew or reasonably should have known of the facts giving rise to the claim. Compliance with the Notice of Dispute procedure in Section 13.2 does not extend the one-year period, except that the period is tolled from the date a complete and conforming Notice of Dispute is delivered through the end of the informal-conference period described in Section 13.2.

13.16 Right to opt out of arbitration

You have the right to opt out of this Section 13 (other than Sections 13.5, 13.6, and 13.11, which are not subject to opt-out). To opt out, you must send written notice to WageCop LLC by email to support@wagecop.com with the subject line "Arbitration Opt-Out" within thirty (30) days of the date you first accept these Terms (or, for users who accepted an earlier version of the Terms that did not contain this opt-out right, within thirty (30) days of the date on which this Section 13.16 first became effective for you). The notice must contain your full legal name, the email address associated with your WageCop account, and a statement that you are opting out of arbitration under Section 13.16.

If you opt out within the 30-day window, this Section 13 (other than Sections 13.5, 13.6, and 13.11) shall not apply to you. You will retain the right to bring claims against WageCop LLC in court, subject to the venue and limitations provisions of these Terms. Opting out of arbitration does not affect any other provision of these Terms, including the class, collective, representative, and multi-party waiver in Section 13.7, the jury trial waiver in Section 13.11, the limitations period in Section 13.15, the litigation funding disclosure in Section 6.8, or any other provision.

If you do not opt out within the 30-day window, you will be deemed to have accepted this Section 13 in its entirety, and the opt-out right described in this Section 13.16 will be permanently waived as to you.

13.17 Survival; no rip-and-run

This Section 13 survives termination of these Terms, deletion of your account, deactivation of the App, your ceasing to use the App or Site for any reason, and any other event that would otherwise end the relationship between you and WageCop LLC. A Dispute that arose during the time you held an account remains subject to this Section 13 even if you no longer have an account when the Dispute is asserted.

13.18 Severability within this Section 13

If any provision of this Section 13 is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Section 13 shall remain in full force and effect. The unenforceability of any one provision of this Section 13 shall not invalidate any other provision of this Section 13 or any other provision of these Terms. Notwithstanding the foregoing, if the multi-party waiver in Section 13.7 is found unenforceable in its entirety (as opposed to unenforceable as to a particular claim or request for relief), then the entirety of this Section 13 — except Sections 13.5, 13.6, 13.11, and 13.15, which survive in all events — shall be void, and Disputes shall be resolved in the state or federal courts located in Los Angeles County, California, with all parties consenting to personal jurisdiction in those courts.

14 — Account termination

14.1 Termination by you

You may terminate your account at any time by following the account-deletion procedure in the App or by emailing support@wagecop.com. Upon termination, we will delete your account and associated data subject to our retention obligations described in the Privacy Policy.

14.2 Termination by us

We may suspend or terminate your account, with or without notice, if we believe in good faith that you have:

• Breached these Terms or our posting rules;
• Used the App to submit false, fraudulent, or misleading information;
• Engaged in conduct that is harmful to WageCop LLC, our users, or any third party;
• Not used your account for an extended period, generally two (2) or more years of inactivity;
• Been required to be terminated by applicable law, court order, or legal process; or
• For any other reason, in WageCop LLC's sole discretion.

For terminations other than those based on good-faith belief of misconduct, fraud, or legal compulsion, we will use commercially reasonable efforts to provide you with notice and a reasonable opportunity to export your data.

14.3 Effect of termination

Upon termination for any reason, your license to use the App and the Site ends immediately. Sections 2, 5, 6.3, 6.4, 6.8, 9, 10, 11, 12, 13, 16, 17, and 18 survive termination, along with any other provision that by its nature should survive.

15 — Changes to these Terms

WageCop LLC reserves the right to modify these Terms at any time in its sole discretion, effective upon posting an updated version through the Site, the App, or both. The "Last updated" date at the top of this page reflects the date of the most recent modification. We may, but are not required to, separately notify you of changes; it is your responsibility to review these Terms periodically.

Your continued access to or use of the App or the Site after the "Last updated" date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using WageCop and may terminate your account under Section 14.1.

16 — Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 13. Subject to the arbitration agreement in Section 13, any judicial action permitted by these Terms (including actions to enforce or confirm an arbitration award, claims for public injunctive relief, individual claims of sexual assault or sexual harassment elected to be brought in court under Section 13.6, and small-claims-court actions) shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You and WageCop LLC consent to the personal jurisdiction of those courts for any such action and waive any objection to venue in those courts.

17 — General provisions

17.1 Entire agreement

These Terms, together with our Privacy Policy, any posting rules published in the App, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and WageCop LLC regarding the App and the Site, and supersede all prior agreements and understandings, whether written or oral.

17.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

17.3 No waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of WageCop LLC to be effective.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms (including in connection with a sale of assets, merger, reorganization, or acquisition) without your consent, provided that the assignee agrees to be bound by these Terms.

17.5 No third-party beneficiaries

Except as expressly set forth in these Terms (such as the WageCop Parties in Sections 11 and 12, the third parties referenced in Section 13.13, and the App Store beneficiaries in Section 17.10), these Terms do not create any third-party beneficiary rights.

17.6 Notices to you

We may provide notices to you by email (to the address associated with your account), by in-App notification, by notice on the Site, or by any other reasonable method. Notices are effective upon sending.

17.7 Force majeure

Neither party is liable for any failure or delay in performance — including loss, corruption, or unavailability of data — caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, cyberattacks, denial-of-service events, internet outages, failures of third-party service providers (including hosting providers and the Apple App Store or Google Play Store), operating-system-level interference, mobile-platform permission failures, battery optimization or background-task restrictions imposed by mobile operating systems, network synchronization delays, or rejection, removal, suspension, or modification of the App by an app store. The affected party will use commercially reasonable efforts to provide notice through the App, the Site, or email.

17.8 Service providers

WageCop LLC engages third-party service providers (including hosting and infrastructure providers) to deliver the App and the Site. Use of those providers is governed by written agreements requiring them to process your information only on our instructions and in accordance with applicable law.

17.9 Reports to government agencies

Nothing in these Terms — including the arbitration agreement, the class action waiver, or any confidentiality provision — prevents you from filing a charge or complaint with the California Labor Commissioner, the Equal Employment Opportunity Commission, the National Labor Relations Board, OSHA, or any other federal, state, or local government agency, or from participating in any investigation or proceeding conducted by such an agency. You may also report suspected violations of law to law enforcement without notice to WageCop LLC.

17.10 App Store provisions

These Terms are between you and WageCop LLC, not with the Apple App Store, the Google Play Store, or any other distribution platform (each, a "Store"). WageCop LLC is responsible for the App as described in these Terms. If you downloaded the App from the Apple App Store, Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you as a third-party beneficiary. These Terms incorporate by reference Apple's Licensed Application End User License Agreement (the "LAEULA"), for purposes of which you are the "end user." If there is a conflict between the LAEULA and these Terms, these Terms shall control with respect to the relationship between you and WageCop LLC. Apple has no obligation to provide maintenance or support for the App and is not responsible for any product warranties, claims, or liabilities relating to the App except as expressly provided in these Terms or in the LAEULA. Similar provisions apply with respect to Google and its subsidiaries to the extent required by the Google Play Store terms.

18 — Contact

Questions about these Terms?

For questions, notices, takedown requests, dispute notices, or any other communication under these Terms, contact:

WageCop LLC California, USA support@wagecop.com