End User License Agreement
INCLUDING DATA PROCESSING AND DATA USE TERMS
Last Updated: January 1, 2026
Version: 1.0
This End User License Agreement, including the embedded data processing and data use terms contained herein (“Agreement”), is a legally binding agreement between the individual or entity accessing or using the Woodshop Master™ software and services (“User”) and Phoenix Consultants Group, Inc., a New Jersey corporation with a principal place of business at 9 Wilson Drive, Northfield, New Jersey 08225 (“Company”). This Agreement governs User’s access to and use of the Woodshop Master™ software platform, applications, interfaces, and related technology (collectively, the “Software”).
BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, USER ACKNOWLEDGES THAT USER HAS READ, UNDERSTOOD, AND AGREES TO BE LEGALLY BOUND BY THIS AGREEMENT. IF USER DOES NOT AGREE, USER IS NOT AUTHORIZED TO USE THE SOFTWARE.
1. License Grant Agreement
Subject to User’s continuous compliance with this Agreement and the Company’s Terms and Conditions of Use, Company grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for User’s internal business purposes during the term of User’s subscription. No rights are granted except as expressly stated herein, and all rights not expressly granted are reserved by Company.
2. Ownership and Intellectual Property
The Software, including all source code, object code, architecture, workflows, algorithms, data models, user interfaces, documentation, and derivative works, is and shall remain the exclusive intellectual property of Company. User acquires no ownership interest in the Software or any related intellectual property. User shall not copy, modify, reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the source code or underlying structure of the Software, except to the extent expressly permitted by applicable law.
3. Restrictions on Use
User shall use the Software solely for lawful purposes and in compliance with all applicable laws and regulations. User shall not resell, sublicense, lease, distribute, or otherwise make the Software available to any third party without Company’s prior written consent. User shall not use the Software in a manner that interferes with or disrupts the integrity, security, or performance of the Software or Company systems.
4. Data Classification and Roles of the Parties
For purposes of this Agreement, User is the data controller with respect to User-specific business data, including project files, job records, customer identities, pricing information, proprietary workflows, and confidential business information (“User Confidential Data”). Company acts as a data processor with respect to such User Confidential Data solely for the purpose of providing, maintaining, securing, and improving the Software.
Notwithstanding the foregoing, Company shall be the data controller with respect to aggregated, anonymized, and normalized operational reference data as described in Section 5 below.
5. Collective Woodworking Data and Shared Inventory Reference Data
User expressly acknowledges and agrees that certain non-identifying operational data generated through use of the Software may be extracted, anonymized, aggregated, normalized, and incorporated into Company’s collective woodworking data sets (“Collective Woodworking Data”). Collective Woodworking Data may include, without limitation, information relating to equipment, machinery, tools, parts, materials, inventory items, dimensions, specifications, compatibility attributes, usage characteristics, vendor classifications, cost ranges, and similar reference-level operational attributes.
User agrees that any equipment records, part definitions, material records, or inventory catalog entries entered into the Software that are not uniquely tied to User’s clients, projects, or proprietary business processes may be incorporated into Collective Woodworking Data and used to populate shared lookup tables, reference catalogs, benchmarking datasets, and system intelligence available to other users of the Software.
Company shall own all right, title, and interest in and to the Collective Woodworking Data, including any enhancements, derivatives, or analytical outputs derived therefrom. Collective Woodworking Data shall not include User client identities, customer contact information, project-specific designs, drawings, pricing strategies, or other confidential business information.
6. Protection of User Confidential Data
Company acknowledges that User Confidential Data constitutes confidential information of User. Company shall not disclose User Confidential Data to other users or third parties except as required to provide the Software, comply with applicable law, enforce Company agreements, or as expressly authorized by User. Company shall implement commercially reasonable administrative, technical, and organizational safeguards designed to protect User Confidential Data against unauthorized access, disclosure, alteration, or destruction. User acknowledges that no system can be guaranteed to be completely secure and assumes the inherent risks associated with electronic data transmission and storage.
Notwithstanding the foregoing, User acknowledges and agrees that User may, at User’s sole discretion, choose to share woodworking plans, drawings, documents, templates, or related materials with other users of the Software through collaboration, sharing, or publishing features (“Shared Content”). Once User elects to share such Shared Content with other users, such Shared Content shall no longer be considered User Confidential Data.
User expressly grants Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, adapt, distribute, display, perform, create derivative works from, and otherwise exploit any Shared Content for any lawful purpose related to the Software, including but not limited to operating, improving, training systems, developing features, analytics, documentation, reference libraries, and collective woodworking intelligence. This license shall survive termination of this Agreement and shall not be subject to revocation.
User represents and warrants that User has all rights necessary to share such Shared Content and to grant the foregoing license, and that such sharing does not violate the rights of any third party.
7. License to Process Data
User grants Company a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, analyze, and display User data solely as necessary to operate, maintain, secure, and improve the Software and to create Collective Woodworking Data as expressly permitted under this Agreement. User represents and warrants that User has all rights necessary to grant this license and that User data does not infringe or violate the rights of any third party.
8. Data Retention and Deletion
User grants Company a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, analyze, and display User data solely as necessary to operate, maintain, secure, and improve the Software and to create Collective Woodworking Data as expressly permitted under this Agreement. User represents and warrants that User has all rights necessary to grant this license and that User data does not infringe or violate the rights of any third party.
9. Security Incidents
Company shall use commercially reasonable efforts to respond to and mitigate any unauthorized access to User Confidential Data of which Company becomes aware. Company shall not be liable for security incidents resulting from User’s failure to maintain adequate security practices or safeguard access credentials.
10. Term and Termination
This Agreement shall remain in effect until terminated. Company reserves the absolute right, in its sole and exclusive discretion, to suspend, restrict, or terminate User’s access to the Software, or to cancel User’s account, at any time, with or without notice, and for any reason or no reason, including but not limited to violation of this Agreement, suspected misuse, security concerns, business necessity, or operational requirements. User agrees that Company shall have no liability whatsoever to User or any third party as a result of any such suspension, restriction, or termination.
Upon termination or cancellation of User’s account for any reason, all licenses granted to User shall immediately and automatically terminate, User shall immediately cease all use of the Software, and Company may delete or deactivate User data in accordance with this Agreement. Notwithstanding the foregoing, Company shall make User’s data available to User in a commercially reasonable electronic format, which may include an Excel or comparable data extract, upon written request made within thirty (30) days following termination. Company shall have no obligation to retain or provide access to User data after such thirty (30) day period. Termination shall not limit any rights or remedies available to Company under law or equity.
11. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.
12. Limitation of Liability
Company’s liability arising out of or related to this Agreement or the Software shall be limited as set forth in the Company’s Terms and Conditions of Use, which are incorporated herein by reference.
13. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located within the State of New Jersey, and User irrevocably consents to such jurisdiction.
14. Modification of Agreement
Company reserves the right, in its sole discretion, to modify, amend, supplement, or replace this Agreement at any time in accordance with applicable New Jersey law. Any such modifications shall become effective upon posting of the revised Agreement through the Software, Company website, or other reasonable electronic means, unless a later effective date is expressly stated. User’s continued access to or use of the Software following the effective date of any modification constitutes User’s acceptance of the modified Agreement. If User does not agree to any modification, User’s sole remedy is to discontinue use of the Software.
No amendment or modification by User shall be binding unless expressly agreed to in writing by an authorized representative of Company. Any addendum, order form, or supplemental agreement expressly executed by Company shall be deemed incorporated into this Agreement by reference and governed by the laws of the State of New Jersey.
15. Survival
All provisions which by their nature should survive termination, including but not limited to data ownership, Collective Woodworking Data rights, confidentiality obligations, disclaimers, limitations of liability, indemnification, governing law, and modification authority, shall survive termination of this Agreement.
Company Information
Phoenix Consultants Group, Inc.
New Jersey corporation, United States
Contact: info@phxconsultants.com