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End-User License Agreement (EULA) for the WorkCam app

Last updated
Oct 5 2026

This End-User License Agreement (“Agreement”) is between you and Nineone Software Inc. (“Nineone”, “we”, “us” or “our”), and governs your use of the WorkCam app for iPhone, iPad and Android, the WorkCam web portal at workcam.ca, and the services we provide through them (together, the “Licensed Application”).

By downloading, installing or using the Licensed Application, you agree to this Agreement. If you do not agree, do not use the Licensed Application. If you use the Licensed Application on behalf of a business, you agree to this Agreement on its behalf and confirm you have the authority to do so. You must be at least 13 years old to use the Licensed Application.

The Licensed Application is licensed, not sold, to you. Nineone reserves all rights in and to the Licensed Application not expressly granted to you in this Agreement.

Section 13 sets out additional terms that apply depending on whether you obtained the app from the Apple App Store or Google Play.

1. Scope of License

Nineone grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Licensed Application on devices that you own or control, for your personal or internal business purposes, as permitted by this Agreement and by the terms of the app store you obtained it from (see Section 13). This Agreement governs any content, materials or services accessible from or purchased within the Licensed Application, and any updates that replace or supplement it.

You may not: distribute, rent, lease, lend, sell, sublicense or otherwise transfer the Licensed Application; make it available over a network where it could be used by multiple devices at the same time, except through features we provide for that purpose such as team sync; copy it (except as permitted by this license and the store's usage rules), reverse-engineer, disassemble, decompile, attempt to derive its source code, modify, or create derivative works of it or any part of it; or remove, bypass or interfere with any technical limits, entitlement checks or security features in it — except to the extent any of these restrictions is prohibited by applicable law, or is permitted by the licence terms of any open-source components included in the Licensed Application.

2. Your Account and Your Team

Some features require a WorkCam account. You are responsible for keeping your sign-in details secure and for activity on your account. Tell us promptly at info@nineonesoftware.com if you believe your account has been used without your permission.

WorkCam lets you join or create a team. Content you sync to a team — albums, photos, videos, projects, clients, notes, updates, expenses and payments — is visible to the members of that team. Whoever invites someone to a team is responsible for choosing who has access to it.

3. Your Content

You keep ownership of the photos, videos, notes, client details and other content you create or upload with the Licensed Application (“Your Content”). You give Nineone a limited licence to store, copy, process, transmit and display Your Content only as needed to provide the Licensed Application to you and your team — for example, to back it up and sync it with Photo Sync, to create a share link you request, to copy it to a storage provider you connect, or to generate an update you request. How we handle Your Content is described in our Privacy Policy.

You are responsible for Your Content, and you confirm that you have the rights and any permissions it requires — including permission from people who appear in your photos or videos where the law requires it, and from clients whose contact details you store.

4. Acceptable Use

You agree not to use the Licensed Application to:

  • break any law, or capture, store or share content you do not have the right to;
  • infringe anyone's intellectual property, privacy or publicity rights;
  • harass, abuse, stalk, threaten or defame any person or entity;
  • upload malware, or attempt to gain unauthorized access to the Licensed Application, its servers, or other users' accounts or content;
  • interfere with or overload the Licensed Application or the services it relies on, or access them through automated means other than the interfaces we provide.

Nineone is not responsible for any such use by you.

5. Your Data, Backups and Records

Local storage. By default, WorkCam stores your photos and videos on your device, separately from your device's photo library. Media that has not been backed up — with Photo Sync or a storage integration — can be permanently lost if the app is deleted, or your device is lost, damaged or reset. You are responsible for keeping backups of anything you cannot afford to lose.

Backups and sync. We work to keep Photo Sync and storage integrations reliable, but we do not guarantee that every item will be backed up, synced or copied, or that it will be available at any particular time.

Business records. Expenses, payments, CSV exports and project records are tools to help you organize your work. They are not accounting, tax, legal or financial advice, and you are responsible for checking their accuracy before relying on them.

Timestamps and locations. Capture dates, locations and stamps come from your device and may be inaccurate. WorkCam does not certify when or where a photo or video was taken.

6. AI Features

Some features use artificial intelligence to suggest content — for example, drafting a client update or status update from your photos and videos, or reading a scanned receipt to fill in an expense. These features run on your device or, on some Android devices, through a cloud service, as described in our Privacy Policy.

AI-generated content can be incomplete, inaccurate or inappropriate. You are responsible for reviewing and editing it before you save it, send it to a customer, or rely on it. In particular, anything a generated draft says about hazards, safety, materials, compliance or the state of a job is a suggestion, not an inspection or professional assessment.

7. Purchases and Subscriptions

WorkCam is free to download. Optional in-app purchases include WorkCam Pro, a one-time purchase, and Photo Sync, an auto-renewing subscription. A Photo Sync subscription purchased by a team owner provides its features to the members of that team.

Purchases are made through, and billed by, the app store on the device you purchase on. A subscription renews automatically at the end of each period unless you cancel it before the period ends — for an App Store subscription, at least 24 hours before — through your App Store or Google Play account settings. Deleting the app or your WorkCam account does not cancel a subscription. Prices, refunds, and the cancellation and payment terms of your purchase are governed by the store you purchased through (see Section 13).

We may change, add or remove features, including which features are included in a purchase or subscription, and will give notice of material changes to paid features where required by the store or by law.

8. Consent to Use of Data

You agree that Nineone may collect and use technical data and related information — including technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Licensed Application. Our Privacy Policy describes what we collect and how we use it.

9. External Services

The Licensed Application may enable access to Nineone's and/or third-party services and websites — including storage providers you connect, share links, maps, advertising and AI services (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Nineone is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Your use of a third-party External Service is also subject to that provider's own terms and privacy policy. Data displayed by the Licensed Application or any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Nineone or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Nineone or any third party. External Services may not be available in all languages or in your country, and may not be appropriate or available for use in any particular location. To the extent you choose to use External Services, you are solely responsible for compliance with any applicable laws. Nineone reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

10. Termination

This Agreement is effective until terminated by you or Nineone. You may terminate it at any time by deleting the Licensed Application and, if you have one, deleting your WorkCam account. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms, and we may suspend or close your account if you seriously or repeatedly breach this Agreement. On termination you must stop using the Licensed Application. Sections 3 (as it relates to your responsibilities), 5, 6 and 11 to 16 survive termination.

11. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION — INCLUDING PHOTO SYNC, STORAGE INTEGRATIONS, SHARE LINKS AND AI FEATURES — ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NINEONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NINEONE DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOUR CONTENT WILL NOT BE LOST, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINEONE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NINEONE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR CONTENT, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF NINEONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Nineone's total liability to you for all damages, for all claims combined (other than as may be required by applicable law in cases involving personal injury), exceed the greater of (a) the amounts you paid for the Licensed Application and in-app purchases in the twelve (12) months before the event giving rise to the claim, and (b) fifty Canadian dollars (CAD $50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Nothing in this Agreement limits liability that cannot be limited under applicable law, including for gross negligence or wilful misconduct, or any rights you have as a consumer that cannot be waived.

13. App Store and Google Play Terms

If you obtained the app from the Apple App Store, the following terms also apply:

  • Acknowledgement. This Agreement is concluded between you and Nineone only, and not with Apple Inc. (“Apple”). Nineone, not Apple, is solely responsible for the Licensed Application and its content.
  • Scope of License. Your licence to the iOS app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that it may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
  • Maintenance and Support. Nineone is solely responsible for providing any maintenance and support services for the Licensed Application, as described in this Agreement or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services.
  • Warranty. Nineone is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Nineone's sole responsibility, subject to Sections 11 and 12.
  • Product Claims. Nineone, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual Property Rights. In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Nineone, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
  • Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

If you obtained the app from Google Play, the following terms also apply:

  • This Agreement is between you and Nineone only, and not with Google LLC or its affiliates (“Google”). Nineone, not Google, is solely responsible for the Licensed Application, its content, and any maintenance and support.
  • Your purchases through Google Play are also subject to the Google Play Terms of Service, and refunds are handled under Google Play's refund policies. You can manage or cancel a subscription in the Google Play Store app under Payments & subscriptions.

In either case, you must comply with any applicable third-party terms when using the Licensed Application, such as your wireless data service agreement. If this Agreement conflicts with the store's terms for your purchase, the store's terms govern that purchase.

14. Legal Compliance and Export

You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of Canada, United States law, and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List, or on any Canadian sanctions list. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by applicable law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

15. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Nineone and its directors, officers and employees from any third-party claims, losses and expenses (including reasonable legal fees) arising out of Your Content or your breach of this Agreement.

16. Governing Law and General Terms

This Agreement and the relationship between you and Nineone are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, excluding their conflict of laws rules. You and Nineone agree to submit to the exclusive jurisdiction of the courts located in British Columbia to resolve any dispute or claim arising from this Agreement. If you are a consumer residing in the European Union, the United Kingdom, Switzerland, Norway or Iceland, or in a Canadian province or other jurisdiction whose consumer protection laws give you the right to the law and courts of your place of residence, you keep that right, and this section does not take away any protection those laws give you.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on Contracts for the International Sale of Goods.

We may update this Agreement from time to time. When we do, we will post the new version at https://www.workcam.ca/eula and update the date at the top, and we will give additional notice of material changes in the app or by email where required. Your continued use of the Licensed Application after an update takes effect means you accept the updated Agreement.

If any provision of this Agreement is found unenforceable, the rest of the Agreement remains in effect. Our failure to enforce a provision is not a waiver of it. This Agreement, together with our Privacy Policy, is the entire agreement between you and Nineone about the Licensed Application.

17. Contact

Questions, complaints or claims about the Licensed Application can be sent to:

Nineone Software Inc.
2205 - 2388 Madison Ave
Burnaby, BC V5C 0K8
Canada
info@nineonesoftware.com