Draft — attorney review required. This is a starting template, not a finalized or binding legal document. Do not present this to users for acceptance until it has been reviewed by a licensed attorney in your jurisdiction and all bracketed placeholders have been filled in.

Terms of Service

Effective date: [EFFECTIVE DATE] · Last updated: [DATE]

Contents
  1. Acceptance of Terms
  2. Description of Service
  3. Accounts & Eligibility
  4. Subscriptions & Billing
  5. Your Data & Responsibility for Accuracy
  6. Not Legal, Tax, or Payroll Advice
  7. Acceptable Use
  8. Intellectual Property
  9. Disclaimer of Warranties
  10. Limitation of Liability
  11. Indemnification
  12. Termination
  13. Changes to These Terms
  14. Governing Law & Disputes
  15. Contact

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you and the company or individual using Crewsplit on your behalf ("Customer," "you") and [CREWSPLIT LEGAL ENTITY NAME, e.g. "Crewsplit, LLC"] ("Crewsplit," "we," "us"). By creating an account, starting a free trial, or otherwise using Crewsplit's software (the "Service"), you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a company, you represent that you have authority to bind that company.

2. Description of Service

Crewsplit is a payroll calculation and reporting tool for trade contractors that use piece-rate, square-footage, per-role, or per-tier compensation models. The Service helps Customer configure pay rules, import job and hours data, calculate crew pay (including FLSA overtime and minimum-wage checks), and generate pay stubs and audit reports based on data and configuration Customer provides.

Crewsplit is a calculation and recordkeeping tool. It does not process payments, remit taxes, run direct deposits, or file payroll tax returns on Customer's behalf, unless and until Crewsplit separately notifies Customer that such a feature is offered and Customer opts into it. Customer remains solely responsible for actually paying its employees or contractors and for all associated tax withholding, remittance, and filing obligations, using the outputs Crewsplit provides.

3. Accounts & Eligibility

4. Subscriptions & Billing

[PRICING/BILLING TERMS TO BE FINALIZED — reference your current pricing page and fill in: trial length, billing cycle (monthly/annual), auto-renewal, price-change notice period, refund policy, and what happens to data/access if a subscription lapses or is canceled.]

5. Your Data & Responsibility for Accuracy

Customer owns the data it inputs into the Service, including company, job, employee, and pay configuration data ("Customer Data"). Customer is solely responsible for the accuracy of Customer Data and for configuring pay rules (comp percentages, sq ft rates, tier weights, state settings, and similar) correctly for its business.

Customer represents that it has all rights, consents, and legal basis necessary to provide any employee or contractor personal data to Crewsplit for processing through the Service.

Crewsplit calculates outputs based on the data and configuration Customer provides. Crewsplit does not independently verify Customer Data and is not responsible for errors resulting from inaccurate, incomplete, or outdated data or configuration supplied by Customer.

6. Not Legal, Tax, or Payroll Advice

The Service, including any compliance flags, minimum-wage checks, overtime calculations, audit reports, or state-specific informational content made available through Crewsplit (including on crewsplit.com), is provided for informational and operational purposes only and does not constitute legal, tax, or payroll advice. Wage and hour laws vary by jurisdiction and change over time. Customer is solely responsible for verifying compliance with all applicable federal, state, and local laws, and should consult a licensed employment attorney, accountant, or payroll professional before making compensation decisions. Crewsplit does not guarantee that use of the Service results in legal compliance.

7. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose, including to facilitate wage theft or misclassification; (b) attempt to access another company's data without authorization; (c) reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law; (d) interfere with or disrupt the integrity or performance of the Service; or (e) resell or provide the Service to third parties without our written consent.

8. Intellectual Property

Crewsplit and its licensors retain all right, title, and interest in and to the Service, including its software, design, and content (excluding Customer Data). These Terms grant Customer a limited, non-exclusive, non-transferable right to access and use the Service during the term of a paid or trial subscription, for Customer's internal business purposes only.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT CALCULATIONS WILL BE ACCURATE OR COMPLIANT WITH APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREWSPLIT AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, WAGES-RELATED PENALTIES, OR REGULATORY FINES ARISING FROM OR RELATED TO USE OF THE SERVICE. CREWSPLIT'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT CUSTOMER PAID TO CREWSPLIT IN THE [12 MONTHS / TIME PERIOD TBD] PRECEDING THE CLAIM.

[Have counsel confirm this limitation is enforceable and appropriately scoped given that miscalculated payroll could expose Customer to real wage-and-hour liability — this is a higher-stakes category than typical SaaS and may warrant a carve-out discussion.]

11. Indemnification

Customer agrees to indemnify and hold Crewsplit harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from Customer's use of the Service, Customer Data, Customer's violation of these Terms, or Customer's violation of any applicable wage-and-hour or employment law.

12. Termination

Either party may terminate a subscription as described in the applicable billing terms. Crewsplit may suspend or terminate access for breach of these Terms, non-payment, or unlawful use. Upon termination, Customer's right to access the Service ends; Crewsplit will provide a reasonable window ([e.g., 30 days]) for Customer to export Customer Data before deletion, except where legal retention requirements apply.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice before taking effect. Continued use of the Service after changes take effect constitutes acceptance.

14. Governing Law & Disputes

These Terms are governed by the laws of [STATE OF INCORPORATION / PRINCIPAL PLACE OF BUSINESS], without regard to conflict-of-law principles. [Confirm with counsel whether to include arbitration/dispute-resolution and venue clauses here.]

15. Contact

Questions about these Terms can be sent to support@crewsplit.com.