Master Terms of Service

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY SIGNING AN ORDER FORM, CLICKING "I ACCEPT," OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CREW CHECK'S PRIVACY POLICY AND SMS & MESSAGING POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CREW CHECK'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CREW CHECK AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 15, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND CREW CHECK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

---

Crew Check (https://www.crewcheck.io), including all of its related applications, dashboards, and platforms (individually and collectively, the "Website"), is owned and operated by CCTECH LLC, doing business as Crew Check ("Crew Check," "we," "us," or "our"). By using, accessing, or signing up for the Website or Services (as defined below), or by signing or clicking to accept these terms or any Order Form (as defined below) referencing these terms, you agree to be bound by the following terms and conditions (together, these "Terms," or this "Agreement").

If you are using the Services on behalf of a company, organization, or other entity, then "Client" or "you" means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Client is an entity, this Agreement is entered into by an employee, agent, or other authorized representative with all necessary authority to bind that entity to this Agreement.

This Agreement includes and hereby incorporates by reference any Order Form executed between you and Crew Check, as well as any policies or exhibits linked to or referenced herein, including our Privacy Policy and SMS & Messaging Policy. To the extent the provisions of an Order Form conflict with these Terms, the provisions of the Order Form shall control.

1. Definitions

1.1. "Authorized Users" means Client's employees, agents, contractors, and any other individuals whom Client has authorized to access and use the Services on Client's behalf.

1.2. "Client Data" means any text, images, contact information, message content, or other data that Client selects, submits, or uploads for use with the Services, including without limitation contact records, check‑in responses, broadcast content, and newsletter content.

1.3. "Confidential Information" means code, inventions, know‑how, product plans, technical and financial, business, operational, or other information exchanged under this Agreement or learned during the performance of this Agreement, that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed.

1.4. "Fees" means collectively the Subscription Fees and any additional fees (including overage charges, add‑on fees, and Industry Fees), all as set forth in the applicable Order Form, the pricing page, or these Terms.

1.5. "Industry Fees" means fees or surcharges imposed by telecommunications carriers or regulatory bodies in connection with the delivery of SMS messages, including without limitation 10DLC registration fees, A2P campaign vetting fees, toll‑free verification fees, and carrier pass‑through charges.

1.6. "Laws" means all applicable local, state, federal, and international laws, rules, and regulations, including but not limited to the Telephone Consumer Protection Act of 1991 ("TCPA"), the CAN‑SPAM Act, the Federal Trade Commission's Telemarketing Sales Rule, and Do Not Call rules and prohibitions.

1.7. "Order Form" means any proposal, quote, order form, or statement of work executed between Client and Crew Check that references this Agreement and details the Services ordered, pricing, and applicable usage limits or Scope of Use.

1.8. "Scope of Use" means the usage limits and product descriptions applicable to Client's subscription, including without limitation the maximum number of contacts, included SMS messages per billing cycle, and any other volume or feature limits specified in the applicable Order Form or tier description.

1.9. "Services" means the Crew Check cloud‑based software‑as‑a‑service platform, including all features, tools, and functionality made available by Crew Check from time to time, together with the Website. A current description of the Services is published on the features page.

1.10. "Subscription Term" has the meaning set forth in Section 9.1.

2. Services

2.1. Description of Services. Crew Check provides a proprietary platform that enables businesses to send internal communications, collect employee feedback, and deliver notifications via SMS, email, and other channels. The platform includes a web dashboard and integrations with third‑party carriers and payment processors. Client will, from time to time, enter into an Order Form that references this Agreement and details the Services ordered and the applicable Scope of Use.

2.2. Products and Add‑Ons. The Services are offered in subscription tiers, each with included usage allotments. Current tier details and available add‑on services are published on the pricing page. Add‑on availability, features, and pricing are subject to change. The specific products and add‑ons purchased by Client, along with their pricing, will be detailed in the applicable Order Form.

2.3. Modification of Services. Crew Check reserves the right to modify, update, or discontinue any feature of the Services at any time. If Crew Check makes a modification that has a material adverse effect on the functionality of the Services ordered under Client's Order Form, Client may terminate this Agreement and receive a pro‑rated refund of pre‑paid, unused Fees for the remainder of the then‑current Subscription Term.

2.4. AI Services. Certain features of the Services may use artificial intelligence. Outputs generated by AI features are not guaranteed to be accurate or complete. Client is responsible for evaluating whether AI outputs are appropriate for Client's use case and for applying human review where appropriate.

3. Use Rights and Restrictions

3.1. License Grant. Subject to all terms of this Agreement, Crew Check grants Client a non‑exclusive, non‑transferable, non‑sublicensable, revocable, limited right and license during the applicable Subscription Term to access and use the Services designated in Client's Order Form solely for Client's internal business purposes, in accordance with this Agreement and the applicable Scope of Use.

3.2. Account Registration. Client must register for a Crew Check account to access the Services. Account information must be accurate, current, and complete. Client is solely responsible for all use of its account(s) and for maintaining the confidentiality of login credentials. Client must notify Crew Check within twenty‑four (24) hours of any breach of security or unauthorized use of its account.

3.3. Eligibility. Client represents and warrants that Client and each Authorized User: (a) is at least eighteen (18) years of age; (b) is an authorized representative of a legally established business entity; and (c) will comply with all Laws when using the Services.

3.4. Authorized Users. Client may permit Authorized Users to use the Services, provided their use is for Client's benefit and in compliance with this Agreement. Client is responsible and liable for all Authorized Users' use and compliance. Client is solely responsible for creating, managing, and revoking user credentials and for ensuring that each Authorized User has a separate account that is not shared with any other person. Use by all Authorized Users in aggregate counts toward any applicable Scope of Use restrictions.

3.5. General Restrictions. Client must not (and must not allow any third party to):

• Rent, lease, copy, transfer, sublicense, or provide access to the Services to a third party other than Authorized Users.
• Modify or create derivative works of the Services or access the Services with the intent to build a competitive or substantially similar product.
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying algorithms of the Services, except to the extent expressly permitted by applicable Law.
• Circumvent or attempt to bypass any security measures, access controls, or rate limits of the Services.
• Remove or obscure any proprietary notices in the Services or any reports or output obtained from the Services.
• Use the Services in violation of the Acceptable Use provisions in Section 6.

4. Client Data

4.1. Ownership. As between the parties, Client retains all right, title, and interest (including any intellectual property rights) in and to Client Data. Client hereby grants Crew Check a non‑exclusive, worldwide, royalty‑free right and license to collect, use, copy, store, transmit, modify, and create derivative works of Client Data solely as necessary to provide the Services and as otherwise described in these Terms and the Privacy Policy.

4.2. Aggregate and Anonymous Data. Client agrees that Crew Check may generate usage data from Client's use of the Services and may aggregate and anonymize Client Data ("Aggregate Data"). Aggregate Data is Crew Check's property and may be used for any lawful business purpose, including product improvement and industry benchmarking, provided that Aggregate Data does not identify Client or any individual.

4.3. Data Security. Crew Check maintains physical, technical, and organizational measures designed to protect Client Data from unauthorized access, use, or disclosure. These measures include encryption of data in transit and at rest, role‑based access controls, and regular security monitoring. Crew Check does not guarantee that unauthorized access will never occur, but will notify Client of any confirmed security breach affecting Client Data in accordance with applicable Law.

4.4. Data Retention and Deletion. Crew Check does not provide an archiving service. During the Subscription Term, Crew Check will retain Client Data in accordance with its standard retention practices. Following termination of the Agreement, Crew Check may delete all Client Data in its possession after a reasonable period (not less than thirty (30) days), unless longer retention is required by Law.

4.5. Privacy and Data Processing. The Privacy Policy describes how Crew Check handles information collected through the Services. Client consents to the collection and use of information as set forth in the Privacy Policy, including the transfer of data to the United States for storage and processing.

5. Client Responsibilities

5.1. General Obligations. Client warrants and represents that it will use the Services in full compliance with all Laws and the terms of this Agreement. Client is solely responsible for:

• The accuracy, completeness, and legality of all Client Data uploaded to or transmitted through the Services.
• Obtaining and maintaining all necessary consents, authorizations, and rights from individuals whose data Client uploads, including valid opt‑in consent for SMS messaging.
• Ensuring that Client's use of the Services does not violate any third‑party rights, including intellectual property, privacy, and publicity rights.

5.2. Consent and Compliance. Client understands and agrees that the Services are intended to allow Client to communicate electronically only with individuals who have consented to receive such communications. Client must:

• Provide all required disclosures to recipients and obtain all required consents based on applicable Laws prior to using the Services.
• Obtain all necessary rights, releases, and consents to allow Client Data to be collected, used, and disclosed as contemplated by this Agreement.
• Use the Services to send communications only in compliance with all Laws and industry best practices, including Do Not Call rules and prohibitions.

5.3. Responsibility for Content. Crew Check does not review, approve, or endorse any content transmitted through the Services. Client is solely responsible for all content sent using Client's account, including messages composed by Authorized Users.

6. Acceptable Use

Client may not use the Services to:

• Send unsolicited or spam messages in violation of the TCPA, CAN‑SPAM Act, or other applicable regulations.
• Send messages to individuals who have not provided valid consent or who have opted out.
• Harass, threaten, stalk, or defame any person.
• Transmit illegal, fraudulent, deceptive, or misleading content.
• Distribute malware, viruses, or other harmful code.
• Interfere with or disrupt the operation of the Services, including attempting to overload, flood, or crash the platform.
• Impersonate any person or entity or misrepresent Client's affiliation with any person or entity.
• Use the Services for any purpose that is unlawful or prohibited by this Agreement.

Violations of this Section may result in immediate suspension or termination of Client's account without notice or refund. Crew Check reserves the right to investigate suspected violations and to cooperate with law enforcement authorities in the prosecution of users who violate the law.

7. Messaging and TCPA Compliance

7.1. Consent Responsibility. Responsibility for ensuring that each message recipient has provided valid, documented consent rests solely with Client. Crew Check provides the technical infrastructure for message transmission and does not verify, audit, or guarantee the validity of consent obtained by Client. Client's use of Crew Check does not constitute compliance with the TCPA or any other messaging regulation.

7.2. Opt‑Out Handling. Client must honor all STOP, HELP, and opt‑out requests immediately and without delay, in accordance with the TCPA, CTIA guidelines, and carrier rules. The Crew Check platform automatically processes STOP and START keywords for compliance; however, Client remains ultimately responsible for ensuring full opt‑out compliance. Client must retain records of all opt‑in and opt‑out events, including timestamps and the method of consent.

7.3. SMS Definition and Metering. For purposes of this Agreement, "SMS" means any inbound or outbound communication transmitted via the Crew Check platform. SMS limits included in Client's subscription reset every billing cycle. Unused SMS credits do not roll over to subsequent billing cycles.

7.4. Carrier Compliance. Client's use of the Services is subject to carrier rules, CTIA best practices, and the acceptable use policies of Crew Check's underlying telecommunications providers, including Twilio. Any violation of these rules may result in carrier restrictions, message filtering, or suspension of messaging capabilities, for which Crew Check bears no liability.

7.5. Additional Messaging Terms. Client's use of SMS and messaging features is also subject to Crew Check's SMS & Messaging Policy, which is incorporated by reference into these Terms.

8. Fees and Payment

8.1. Subscription Fees. Client agrees to pay the subscription fees ("Subscription Fees") set forth in the applicable Order Form or as published on the pricing page. Unless otherwise specified, all Subscription Fees are payable monthly in advance in United States dollars. Subscription Fees are non‑refundable except as expressly provided in Sections 2.3 and 9.3.

8.2. Payment Method. Fees will be paid via the payment method selected on the Order Form. If no payment method has been selected, Client may pay via credit card or ACH debit. By providing a payment method, Client authorizes Crew Check to charge Fees automatically on a recurring basis for each billing period. Client is responsible for ensuring that its payment information is current and that sufficient funds are available.

8.3. SMS Overage. If Client exceeds the SMS messages included in its tier during a billing cycle, Client will be charged an overage fee at the per‑message rate specified in the applicable Order Form or on the pricing page. Overage fees are billed in arrears and are due on the next billing date.

8.4. Add‑On Fees. Fees for add‑on services are set forth in the applicable Order Form or on the pricing page. Add‑on fees are billed on the same schedule as the Subscription Fees unless otherwise specified.

8.5. Taxes. All Fees are exclusive of taxes. Client must pay any applicable sales, use, value‑added, or other taxes or governmental charges, whether domestic or foreign, other than taxes based on Crew Check's net income. Client will make tax payments to Crew Check to the extent such amounts are included on Crew Check's invoices.

8.6. Industry Fees. Client's use of the Services may be subject to Industry Fees imposed by telecommunications carriers or regulatory bodies. Crew Check's Fees are exclusive of Industry Fees, and Client is responsible for paying any such Industry Fees. Crew Check will reflect Industry Fees as a separate line item where applicable. Industry Fees may change at any time without advance notice from Crew Check.

8.7. Late Payment. Invoices or payments thirty (30) days or more past due may result in suspension of the Services. Crew Check may charge interest on overdue amounts at the rate of one and one‑half percent (1.5%) per month, or the maximum rate permitted by applicable Law, whichever is lower. If Crew Check engages a collection agency or initiates legal action to collect overdue amounts, Client will be responsible for all reasonable costs of collection, including attorneys' fees.

8.8. Fee Increases. Crew Check reserves the right to increase Fees. If Fees are specified on an Order Form, Crew Check may increase Fees upon forty‑five (45) days' prior written notice, effective at the start of Client's subsequent Subscription Term. Client may elect not to renew at the increased price by providing notice of non‑renewal in accordance with Section 9.1.

9. Term and Termination

9.1. Term. The initial subscription term and renewal period are set forth in the applicable Order Form (the "Initial Term"). After expiration of the Initial Term, the subscription will automatically renew for subsequent periods of equal duration (each a "Renewal Term" and, together with the Initial Term, the "Subscription Term"), unless either party provides written notice of non‑renewal at least thirty (30) days before the end of the then‑current term.

9.2. Suspension. Crew Check may suspend Client's access to the Services if: (a) Client's account is overdue; (b) Client has exceeded its Scope of Use limits; or (c) Crew Check determines that Client has breached Section 3 (Use Rights and Restrictions), Section 5 (Client Responsibilities), or Section 6 (Acceptable Use), or that suspension is necessary to prevent harm to other clients, third parties, or the integrity of the Services. Client remains responsible for payment of Fees during any suspension period caused by Client's actions or omissions. Crew Check will cooperate with Client to restore access once the condition requiring suspension has been resolved.

9.3. Termination for Cause. Either party may terminate this Agreement if the other party: (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice detailing the breach; or (b) ceases operation without a successor. Crew Check may also terminate this Agreement immediately if Client breaches Section 3, Section 5, or Section 6. If Crew Check terminates for cause as provided in this Section, any unpaid Fees for the remaining portion of the Subscription Term become immediately due and payable.

9.4. Early Termination by Client. If Client terminates during the Subscription Term for any reason other than Crew Check's uncured material breach or a modification under Section 2.3, Client will be responsible for the Fees due for the entire remaining Subscription Term.

9.5. Effect of Termination. Upon expiration or termination of this Agreement: (a) Client's license rights will terminate and Client must immediately cease use of the Services; (b) Client's right to access Client Data in the Services will cease, and Crew Check may delete Client Data after the period specified in Section 4.4; and (c) any provisions of this Agreement that by their nature should survive will survive, including Sections 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17.

10. Confidential Information

10.1. Obligations. Each party (as the receiving party) must: (a) hold in confidence and not disclose the other party's Confidential Information to third parties; and (b) use the other party's Confidential Information only as necessary to fulfil its obligations and exercise its rights under this Agreement. Each party may share the other party's Confidential Information with its employees, agents, and contractors having a legitimate need to know, provided those recipients are bound by confidentiality obligations no less protective than this Section.

10.2. Exclusions. These confidentiality obligations do not apply to information that: (a) is or becomes public knowledge through no fault of the receiving party; (b) was known by the receiving party prior to receipt; (c) is rightfully obtained from a third party without breach of any confidentiality obligation; or (d) is independently developed by the receiving party without using the disclosing party's Confidential Information. A party may disclose the other party's Confidential Information to the extent required by law, subpoena, or court order, provided it uses commercially reasonable efforts to notify the other party (where permitted) and cooperates in any effort to obtain confidential treatment.

10.3. Remedies. The parties acknowledge that disclosure of Confidential Information may cause substantial harm for which monetary damages alone may be an insufficient remedy, and each party is entitled to seek appropriate equitable relief in addition to any other remedies available at law.

11. Intellectual Property

11.1. Crew Check Technology. Client acknowledges that Crew Check (or its suppliers) exclusively retains all right, title, and interest (including all intellectual property rights) in and to the Services, the Website, all related software, technology, documentation, templates, reports, and output (collectively, "Crew Check Technology"). No ownership rights are transferred to Client under this Agreement. Crew Check Technology is deemed Crew Check's Confidential Information.

11.2. License Only. Subject to payment of Fees and compliance with this Agreement, Crew Check grants Client a limited, non‑exclusive, revocable license to access and use the Services solely for Client's internal business purposes during the Subscription Term. This license does not include the right to obtain a copy of the software underlying the Services.

11.3. Feedback. If Client provides suggestions, comments, ideas, or other feedback regarding the Services ("Feedback"), Client hereby grants Crew Check a worldwide, perpetual, irrevocable, sublicensable, royalty‑free right and license to use, copy, modify, and incorporate such Feedback for any purpose without obligation or compensation to Client.

12. Indemnification

12.1. Indemnification by Client. Client will indemnify, defend, and hold harmless Crew Check and its officers, directors, employees, and affiliates (together, the "Crew Check Entities") from and against any third‑party claims and related costs, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or pertaining to:

• Client's unauthorized use of, or misuse of, the Services.
• Client's violation of any Law or third‑party right, including intellectual property, privacy, or communications statutes.
• Any Client Data or content transmitted through the Services by Client or its Authorized Users.
• Any dispute between Client and any third party, including Client's employees, contacts, or message recipients.
• Client's breach or alleged breach of this Agreement, including Client's warranties and obligations.

12.2. Indemnification by Crew Check. Crew Check will indemnify and hold Client harmless from and against any third‑party claims and related costs, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or pertaining to: (a) Crew Check's gross negligence or wilful misconduct; or (b) Crew Check's infringement of a third party's intellectual property rights through the Services as provided to Client. Crew Check will have no indemnification obligation to the extent that a claim arises from Client's modification of the Services, Client's use of the Services in a manner inconsistent with this Agreement, or Client's combination of the Services with any non‑Crew Check product or service.

13. Warranties and Disclaimers

13.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND ALL RELATED MATERIALS AND CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. NEITHER CREW CHECK NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT. CREW CHECK MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS, THAT CLIENT DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR‑FREE.

13.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICES OR FROM CREW CHECK WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. CREW CHECK DOES NOT PROVIDE LEGAL ADVICE REGARDING DATA PRIVACY, TCPA COMPLIANCE, OR COMPLIANCE WITH APPLICABLE LAW IN ANY JURISDICTION. USE OF THE SERVICES DOES NOT GUARANTEE COMPLIANCE WITH APPLICABLE LAWS.

14. Limitation of Liability

14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREW CHECK OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

14.2. IN NO EVENT WILL CREW CHECK'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT TO CREW CHECK FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION EXCLUDES EITHER PARTY'S LIABILITY FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

14.3. EACH PARTY ACKNOWLEDGES THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

15. Dispute Resolution

15.1. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to conflict‑of‑law principles.

15.2. Informal Resolution. Before initiating any formal proceeding, the parties agree to attempt to resolve any dispute arising out of or relating to this Agreement through good‑faith negotiation for a period of thirty (30) days after written notice of the dispute.

15.3. Arbitration. If a dispute cannot be resolved through informal negotiation, it shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Maricopa County, Arizona. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4. Waiver of Jury Trial and Class Action. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL. BOTH PARTIES AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

15.5. Exclusive Jurisdiction. For any claim not subject to arbitration under this Section, the exclusive jurisdiction and venue shall be the state or federal courts located in Maricopa County, Arizona, and both parties consent to the personal jurisdiction of such courts.

15.6. Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the courts identified in Section 15.5 to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information. Crew Check may also pursue collection of overdue Fees through judicial action without first submitting to arbitration.

16. General Provisions

16.1. Assignment. Neither party may assign this Agreement without the other party's prior written consent, except that Crew Check may assign this Agreement without consent in connection with a merger, reorganization, acquisition, or transfer of all or substantially all of its assets. Any attempted assignment in violation of this Section is void.

16.2. Notices. Any notice required under this Agreement must be in writing. Notices to Crew Check must be sent to [email protected] or by mail to the address in Section 17. Crew Check may send notices to the email address on Client's account or by posting to the Website or the Services.

16.3. Force Majeure. Neither party will be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, including strikes, natural disasters, epidemics, pandemics, war, acts of terrorism, government orders, failures of telecommunications networks, or disruptions in power or internet infrastructure.

16.4. Subcontractors. Crew Check may use subcontractors and third‑party service providers to provide the Services. Crew Check remains responsible for the performance of its obligations under this Agreement regardless of any subcontracting.

16.5. Independent Contractors. The parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has the power to bind the other or incur obligations on the other party's behalf without prior written consent.

16.6. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that the remainder of this Agreement remains in full force and effect.

16.7. No Waiver. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement. Waivers must be in writing and signed by an authorized representative of the waiving party. Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.8. Amendments. Crew Check may update these Terms from time to time by posting a revised version on the Website or by notification to the email address on Client's account. If a change materially modifies Client's rights or obligations, Crew Check will provide at least thirty (30) days' notice before the change takes effect. Material modifications are effective upon Client's acceptance or upon Client's continued use of the Services after the notice period. If Client does not agree to the updated Terms, Client may terminate this Agreement by providing written notice before the changes take effect.

16.9. Entire Agreement. This Agreement, including these Terms, any applicable Order Form, the Privacy Policy, and the SMS & Messaging Policy, represents the parties' complete and exclusive understanding relating to the subject matter hereof. It supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Services or any other subject matter covered by this Agreement. Any terms provided by Client (including as part of any purchase order or other business form) are for administrative purposes only and have no legal effect.

16.10. Attorneys' Fees. The substantially prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys' fees and costs.

16.11. Publicity. Unless otherwise specified in the applicable Order Form, Crew Check may use Client's name, logo, and marks to identify Client as a Crew Check client on the Website and in marketing materials. Client may revoke this right at any time by providing written notice to Crew Check.

16.12. Multiple Order Forms. Client may execute multiple Order Forms under this Agreement. Each Order Form is a separate binding obligation governed by this Agreement. Unless otherwise specified, additional Order Forms do not modify or supersede prior Order Forms.

16.13. Electronic Signatures. This Agreement and any Order Form may be executed electronically (including via DocuSign or similar platforms). Electronic signatures shall have the same legal force, validity, and enforceability as manually executed signatures. Each party consents to the use of electronic records and signatures in connection with this Agreement.

16.14. Headings. Section headings are for convenience only and do not affect the interpretation of this Agreement.

17. Contact Information

For questions or concerns regarding these Terms, please contact us at:

• Email: [email protected]
• Mailing address: CCTECH LLC d/b/a Crew Check, 42 S Hamilton Place #103, Gilbert, AZ 85233, USA