Terms of Service
Effective date: January 1, 2025
1. Acceptance of Terms
By creating an account, accessing, or using the CrewCheck platform, you ("Customer", "you", "your") agree to be bound by these Terms of Service ("Terms"). They constitute a legally binding agreement between you and CrewCheck. The Terms incorporate by reference our Privacy Policy and SMS & Messaging Policy, which together govern your use of the service.
2. Eligibility
You must be an authorized representative of a legally established business entity and at least eighteen (18) years of age. By accepting these Terms, you represent and warrant that you have the authority to bind your organization.
3. Description of Service
CrewCheck provides a cloud‑based software‑as‑a‑service platform that enables businesses to send internal messages, collect feedback, and deliver notifications via SMS, email, and other channels. The service includes a web dashboard, API access, and integrations with third‑party carriers and payment processors.
4. Account Registration and Security
You are responsible for providing accurate registration information and for maintaining the confidentiality of your login credentials. You must promptly notify us of any unauthorised use of your account. We reserve the right to suspend or terminate accounts that pose a security risk.
5. Customer Responsibilities
You agree to use the service lawfully and to obtain all necessary consents from individuals whose data you upload. You must ensure that the data you provide is accurate, complete, and up‑to‑date.
6. Acceptable Use
You may not:
- Send unsolicited or spam messages in violation of the TCPA or other regulations.
- Harass, threaten, or defame any person.
- Transmit illegal, fraudulent, or deceptive content.
- Interfere with the operation of the platform, including attempting to bypass security measures.
Violations may result in immediate suspension or termination of your account.
7. Messaging & TCPA Compliance
Responsibility for ensuring that each message recipient has provided valid consent rests solely with you. CrewCheck supplies the transmission infrastructure only; we do not verify consent. You must honor all STOP, HELP, and opt‑out requests in accordance with the TCPA and related carrier rules.
8. Fees and Payment
Fees are set forth in the order form or pricing page and are payable in USD on a monthly or annual basis, as selected. All fees are exclusive of applicable taxes, which you are responsible for. Late payments may incur interest at the rate of 1.5% per month or the maximum permitted by law, whichever is lower. Refunds are limited to the extent described in the order form.
9. Intellectual Property
CrewCheck retains all right, title, and interest in and to the platform, its underlying software, and related documentation. Subject to payment of fees, we grant you a limited, non‑exclusive, revocable licence to access and use the service solely for your internal business purposes.
10. Indemnification
You agree to indemnify, defend, and hold harmless CrewCheck and its affiliates from any claims, losses, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of:
- Your breach of these Terms.
- Your violation of any law, regulation, or third‑party right, including privacy or communications statutes.
- Any content you transmit through the service that results in a claim against CrewCheck.
11. Limitation of Liability
Except for liability arising from breach of data‑security obligations or gross negligence, CrewCheck's total aggregate liability to you for any claim shall not exceed the amount you paid for the service in the twelve (12) months preceding the claim. In no event shall CrewCheck be liable for indirect, incidental, consequential, or punitive damages.
12. Service Suspension and Termination
We may suspend or terminate your access to the service (i) for non‑payment, (ii) for breach of these Terms, or (iii) for any other reason at our sole discretion. Upon termination, you must cease all use of the platform and may, at our discretion, receive a copy of your data in a commonly used electronic format.
13. Warranties and Disclaimers
The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non‑infringement. We do not guarantee uninterrupted or error‑free operation.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict‑of‑law principles. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Sheridan, Wyoming. Both parties waive the right to a jury trial and agree to waive any class‑action rights.
15. Modifications to the Terms
We may amend these Terms from time to time. We will provide notice of material changes by posting the revised Terms on our website and, where appropriate, by email. Continued use of the service after such notice constitutes acceptance of the updated Terms.
16. Contact Information
For questions or concerns regarding these Terms, please contact us at:
- Email: [email protected]
- Mailing address: CrewCheck, 30 North Gould Street, STE R, Sheridan, WY 82801, USA