CrewTally Terms of Service

1. The Service

CrewTally is a time tracking and reporting tool designed for construction crews. Administrators create a company workspace, invite team members, define jobs and tasks, and use the Service to record work hours, breaks, and lunches. The Service also provides dashboards, approvals, per-task pricing, and export of timesheet data. The Service is not a payroll processor and does not calculate, withhold, or remit employment taxes.

2. Eligibility and Accounts

2.1 Age. You must be at least eighteen (18) years old to create an account or manage a company workspace. Workers invited to a workspace must be at least sixteen (16) years old to use the Service.

2.2 Account types. The Service supports Administrator, Supervisor, and Worker roles. Administrators are responsible for their company workspace, including seat count, billing, data accuracy, and the actions of users they invite.

2.3 Administrator Authority. Administrators represent and warrant that they have all necessary authority, permissions, notices, and consents required to create and manage a workspace, invite Workers and other users, and submit, access, manage, and process Company Data relating to those users through the Service.

2.4 Account security. You are responsible for keeping your login credentials, PIN codes, and devices secure. You agree to notify us promptly at admin@getcrewtally.com if you suspect unauthorized access.

2.5 One person per account. You may not share a single account among multiple people or allow a person to clock in or out under another person's identity.

3. Subscription, Billing, and Free Trial

3.1 Fees. Use of the Service beyond any free trial or beta period requires a paid subscription. Subscription plans, seat pricing, and any usage-based fees are described at getcrewtally.com or in the account billing section.

3.2 Merchant of record. Paddle.com Market Ltd. and its affiliates ("Paddle") act as the merchant of record and authorized reseller for all paid subscriptions to the Service. When you subscribe, your purchase contract for that transaction is with Paddle, and Paddle's Buyer Terms and Conditions apply to it. Company licenses and supports the Service. Paddle processes payments, issues refunds, and handles chargebacks.

3.3 Recurring billing. By subscribing you authorize Paddle to charge your selected payment method on a recurring basis for the applicable subscription term until you cancel. If your plan charges per active crew member, the amount billed at each renewal reflects the seat count at the time of renewal.

3.4 Taxes. Paddle, as merchant of record, calculates, collects, and remits applicable sales, use, VAT, GST, and similar transaction taxes on your purchase. Depending on your location, prices may be displayed inclusive or exclusive of tax, and the tax amount is shown at checkout and on your receipt. This section concerns transaction taxes on your subscription only. It does not concern employment, payroll, or withholding taxes, which remain your responsibility under section 6.

3.5 Refunds. Refunds are governed by the CrewTally Refund Policy available at getcrewtally.com/refunds and by Paddle's Refund Policy and Buyer Terms and Conditions. Except as provided in those documents or as required by applicable law, fees are nonrefundable. If you believe a charge is incorrect, contact us at admin@getcrewtally.com within thirty (30) days of the charge.

3.6 Trial and beta. If you use the Service under a free trial or beta program, we may modify, suspend, or terminate the trial or beta at any time and features may change without notice. No payment is taken during a free trial. If you cancel before the trial ends, you are not charged.

3.7 Complimentary accounts. We may provide the Service at no cost to selected accounts, including tester, ambassador, and partner accounts. Complimentary access may be modified or ended at any time on notice, after which continued use requires a paid subscription.

3.8 Price changes. We may change subscription prices upon at least thirty (30) days' notice. Changes take effect at the start of your next billing cycle.

4. Your Content and Data

4.1 Company Data. "Company Data" means all time entries, employee records, job records, pay rates, notes, and other information submitted to the Service by you or your users. You retain all rights in your Company Data.

4.2 License to us. You grant us a limited, worldwide, non-exclusive license to host, store, process, transmit, and display Company Data solely as needed to provide the Service, prevent abuse, comply with law, and improve the Service in aggregated and de-identified form.

4.3 Accuracy and Review. You are responsible for the accuracy and legality of Company Data. The Service is a record-keeping tool and does not verify that recorded hours reflect actual hours worked. You are responsible for reviewing time entries, corrections, approvals, breaks, lunches, and other records before relying on them for payroll, billing, employment, or other purposes. Time entries, timestamps, approvals, reports, and exports generated by the Service do not independently establish that a Worker performed work, was present at a jobsite, or is legally entitled to compensation for a particular period.

4.4 Export. You may export your Company Data at any time using the Service's CSV export function. Upon written request within thirty (30) days of account termination we will provide a final export in machine-readable format.

4.5 Customer Record Retention. You are responsible for exporting and maintaining copies of Company Data as necessary to satisfy your legal, payroll, tax, employment, accounting, and record-retention obligations. Company is not responsible for maintaining Company Data beyond the retention periods described in our Privacy Policy.

5. Acceptable Use

You agree not to:

• Use the Service in violation of any applicable law, including wage-and-hour, labor, tax, or privacy laws.
• Attempt to gain unauthorized access to any account, workspace, or the underlying infrastructure.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.
• Use the Service to send spam, malware, or content that is unlawful, defamatory, or infringing.
• Resell, sublicense, or offer the Service as a hosted service to third parties without our prior written consent.
• Scrape, harvest, or otherwise systematically collect data from the Service by automated means.
• Subscribe and request refunds repeatedly, or otherwise abuse any trial, refund, or promotional mechanism.

6. Employment and Wage Compliance

The Service is a tool that helps you record time. It is not legal, tax, payroll, or human resources advice. You are solely responsible for classifying workers correctly, paying required wages and overtime, maintaining required records, and complying with all applicable federal, state, and local employment laws. You agree that we are not responsible for any wage claim, tax liability, or penalty arising out of your use of the Service.

No Employment Relationship. Company is not the employer, joint employer, staffing agency, payroll provider, or agent of any Worker or other user of the Service. Use of the Service does not create any employment, independent contractor, agency, partnership, joint venture, or fiduciary relationship between Company and any user.

7. Third-Party Services

7.1 Providers. The Service relies on third-party providers, which include our cloud database and authentication provider, our hosting and content delivery provider, and Paddle as our merchant of record and payment processor. Our Privacy Policy identifies these providers. Your use of the Service is subject to these providers' terms and privacy practices. We are not responsible for outages, defects, or acts of these providers, but we will use commercially reasonable efforts to maintain reliable providers.

7.2 Paddle terms. Your purchase transactions are additionally governed by Paddle's Buyer Terms and Conditions and Paddle's Refund Policy, available at paddle.com/legal. Where those terms conflict with these Terms in respect of a transaction Paddle processed, Paddle's terms govern that transaction. Nothing in these Terms limits any right you have under mandatory applicable law.

7.3 Third-Party Integrations. The Service may allow you to connect or export data to third-party products or services. If you enable an integration, you authorize Company to transmit Company Data as necessary to provide that integration. Your use of a third-party service is governed by your agreement with that provider. Company is not responsible for the availability, accuracy, security, acts, omissions, or subsequent processing of data by third-party services outside Company's control.

8. Intellectual Property

8.1 Our IP. The Service, including all software, designs, logos, and content we provide (excluding Company Data), is owned by Company or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service during your subscription term.

8.2 Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, worldwide, royalty-free license to use them without restriction or attribution.

8.3 Trademarks. "CrewTally" and related logos are trademarks of Company. You may not use them without our prior written consent.

9. Privacy and Refund Policy

9.1 Our Privacy Policy, available at getcrewtally.com/privacy, describes how we collect, use, and share information. Our Refund Policy, available at getcrewtally.com/refunds, describes how refunds are handled. Your use of the Service is subject to these Terms and the policies referenced above.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL NOT BE LOST OR CORRUPTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100).

11.1 For the avoidance of doubt, amounts paid to Paddle for subscriptions to the Service count toward the cap in this section, notwithstanding that those amounts are paid to Paddle rather than to Company.

12. Indemnification

You will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your Company Data, (c) your violation of these Terms, or (d) your violation of any law or third-party right, including any wage, hour, or employment claim brought by a person you invited to the Service.

13. Term, Suspension, and Termination

13.1 Term. These Terms remain in effect while you use the Service.

13.2 Termination by you. You may cancel your subscription at any time from the billing section of your account or through the subscription management link in your Paddle receipt. Cancellation takes effect at the end of the current billing period and does not by itself refund the current period. See the Refund Policy.

13.3 Termination by us. We may suspend or terminate your access to the Service if you materially breach these Terms, if we reasonably believe your use poses a security risk, or if we discontinue the Service. Where practical, we will give notice and an opportunity to cure.

13.4 Chargebacks. If a chargeback is filed against a transaction, Paddle may suspend or terminate access to the Service associated with that transaction while the dispute is investigated, and we may suspend the related company workspace.

13.5 Effect of termination. Upon termination your license to use the Service ends. Sections that by their nature should survive termination will survive, including sections 3.5, 4.2, 4.5, 5, 6, 7, 8, 10, 11, 12, 14, and 16, and any other provisions that by their nature should survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing law. These Terms are governed by the laws of the State of North Dakota, without regard to its conflict-of-laws principles.

14.2 Scope. This section governs disputes between you and Company. Disputes concerning a payment transaction may additionally or instead be subject to Paddle's Buyer Terms and Conditions, which contain their own governing law and dispute provisions.

14.3 Informal resolution. Before filing any claim, you agree to try to resolve the dispute informally by contacting us at legal@getcrewtally.com. We will try to resolve the dispute informally within sixty (60) days.

14.4 Binding arbitration. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Cass County, North Dakota. Judgment on the award may be entered in any court of competent jurisdiction.

14.5 Class action waiver. You and Company agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14.6 Small claims. Either party may bring a qualifying individual claim in small-claims court instead of arbitration.

14.7 Injunctive relief. Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect its intellectual property or confidential information.

15. Changes to the Terms

We may modify these Terms from time to time. If we make a material change we will provide notice through the Service or by email at least fourteen (14) days before the change takes effect. Continued use of the Service after the effective date means you accept the updated Terms.

16. Miscellaneous

16.1 Entire agreement. These Terms, the Privacy Policy, and the Refund Policy are the entire agreement between you and Company regarding the Service. Paddle's Buyer Terms and Conditions separately govern your purchase transactions.

16.2 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.3 Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.

16.4 No waiver. Our failure to enforce any provision is not a waiver of that provision.

16.5 Force majeure. We will not be liable for any failure or delay caused by events beyond our reasonable control.

16.6 Notices. Notices to Company must be sent to legal@getcrewtally.com and to 1014 31st AVE W
West Fargo, ND 58078. Notices to you may be sent to the email associated with your account.

17. Contact

CrewTally LLC
1014 31st AVE W
West Fargo, ND 58078

General inquiries and support: admin@getcrewtally.com
Legal notices and inquiries: legal@getcrewtally.com
Payment processor buyer support: paddle.net