Terms of Service
These Terms of Service ("Terms") govern your access to and use of the CrewHour mobile application, web admin console, kiosk surface, and related services provided by Crew Hour LLC ("CrewHour," "we," or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an employer or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.
Two kinds of users. CrewHour is sold to employers ("Customers") who use the Service to manage their workforce. If you are an employee or contractor using CrewHour because your employer has deployed it, you are an "Authorized User." Your employer is the Customer and is responsible for your access to the Service. Specific terms below distinguish between Customer and Authorized User obligations.
1. Eligibility and Account Registration
To use the Service, you must be at least 18 years old or, if you are an Authorized User, of an age permitted by your employer's policies and applicable law. You must provide accurate information when registering an account and keep that information current. You are responsible for maintaining the confidentiality of your authentication credentials, including any personal identification number (PIN), password, or biometric unlock configuration on your device, and you are responsible for all activity that occurs under your account.
If you suspect unauthorized access to your account, you must notify your employer or CrewHour immediately.
2. Description of the Service
CrewHour provides software for recording time and attendance, tracking meal and rest breaks, calculating wage-and-hour exposures, routing approvals through workflow rules, generating payroll-ready output, and producing audit-grade records. The Service is delivered as a multi-tenant cloud application with mobile, web, and kiosk surfaces.
The Service is provided as a tool to help Customers comply with applicable wage-and-hour laws. CrewHour does not provide legal advice, and the output of the Service does not constitute legal advice. Customers are solely responsible for determining how to comply with applicable laws and for making the operational decisions the Service may inform.
3. Roles and Responsibilities
3.1 Your employer is the data controller
When CrewHour is deployed by a Customer, the Customer is the controller of any personal information processed through the Service. CrewHour acts as a service provider or processor on the Customer's behalf and processes information in accordance with the Customer's instructions and our agreements with the Customer. Authorized Users should direct requests about access, correction, deletion, or retention of records to their employer in the first instance.
3.2 Customer responsibilities
If you are a Customer, you are responsible for:
- Providing accurate information about your business and your Authorized Users
- Configuring the Service in compliance with applicable laws, including wage-and-hour, payroll, biometric privacy, and data protection laws
- Obtaining any required consents from your Authorized Users before enabling features that collect biometric information, photographs, or other regulated categories of data
- Granting and revoking access to your Service tenant as appropriate, including offboarding former employees in a timely manner
- Paying all fees due under your subscription with us
- Maintaining a lawful purpose for processing each category of information you input into the Service
3.3 Authorized User responsibilities
If you are an Authorized User, you agree to:
- Use the Service only for the purposes your employer has authorized
- Provide truthful information when recording punches, attestations, or other compliance actions through the Service
- Protect your credentials and not share them with anyone
- Not interfere with the Service or attempt to access information you are not authorized to access
4. Acceptable Use
You may not, and may not permit any third party to:
- Use the Service for any unlawful purpose or in violation of any applicable law
- Falsify, manipulate, or attempt to manipulate any time, attendance, attestation, or compliance record
- Attempt to circumvent the Service's security or authentication mechanisms, including but not limited to attempting to punch in or out as another person
- Reverse engineer, decompile, or disassemble the Service except to the extent permitted by applicable law
- Scrape, crawl, or otherwise extract data from the Service except through the Service's authorized interfaces
- Use the Service to develop a competing product or service
- Upload or transmit any virus, worm, malware, or other malicious code
- Use the Service to harass, defame, or violate the rights of any person
- Sublicense, resell, or otherwise make the Service available to third parties without our prior written consent
5. Intellectual Property
The Service, including all software, content, designs, trademarks, and documentation, is owned by CrewHour or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms and any applicable subscription agreement. No other rights are granted by implication, estoppel, or otherwise.
You retain ownership of the data your organization inputs into the Service ("Customer Data"). You grant CrewHour a worldwide, royalty-free license to host, copy, transmit, process, and display Customer Data solely as necessary to provide the Service to you and to comply with our legal obligations.
If you provide CrewHour with feedback or suggestions about the Service, you grant CrewHour a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving the Service.
6. Fees and Payment
Customers pay subscription fees in accordance with the order form, statement of work, or other written agreement between CrewHour and the Customer. Fees are non-refundable except as expressly provided in the applicable order. Late payments accrue interest at the lesser of 1.5 percent per month or the maximum rate permitted by law. We may suspend or terminate the Service for Customers whose accounts are past due after reasonable notice.
Authorized Users are not charged to use the Service; their access is funded by their employer's subscription.
7. Confidentiality
Each party agrees to protect the other party's Confidential Information with at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and not less than reasonable care. Confidential Information may be used only to perform under these Terms and the applicable subscription agreement. This Section does not limit either party's compliance obligations to applicable law or lawful process.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREWHOUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CREWHOUR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION DERIVED FROM THE SERVICE WILL BE COMPLETE OR ACCURATE FOR ANY PARTICULAR PURPOSE. THE SERVICE IS NOT A SUBSTITUTE FOR LEGAL ADVICE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREWHOUR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF CREWHOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CREWHOUR'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE APPLICABLE CUSTOMER TO CREWHOUR IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10. Indemnification
If you are a Customer, you agree to defend, indemnify, and hold harmless CrewHour and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Data, including any claim that Customer Data infringes the rights of a third party or was processed without required consents; (c) your wage-and-hour, payroll, or employment-law decisions; or (d) your breach of any representation or warranty in these Terms or an applicable subscription agreement.
11. Term and Termination
These Terms apply for as long as you access or use the Service. Customer subscriptions are governed by the term stated in the applicable order form. We may suspend or terminate your access to the Service if you materially breach these Terms or your subscription agreement, if continuing to provide the Service to you would expose us to liability or violate applicable law, or for non-payment. Upon termination, your right to use the Service ends. Sections that by their nature survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, confidentiality, and governing law — will survive.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction of those courts. If applicable law requires a different venue or forum for any specific dispute, that requirement controls only to the extent required.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page and update the "Last updated" date at the top. We may also notify Customers through the Service or by email. Your continued use of the Service after the changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
14. Miscellaneous
These Terms, together with the Privacy Policy and any applicable subscription agreement or order form, constitute the entire agreement between you and CrewHour regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, financing, or sale of assets. The parties are independent contractors, not partners or joint venturers.
15. Contact Us
Questions about these Terms? Contact us:
Crew Hour LLC2261 Market Street, STE 79549
San Francisco, CA 94114
United States
Phone: +1 (510) 315-7538
Email: info@crewhour.com