Terms of Service

These terms govern use of Krewfill, operated by Krewfill LLC ("Krewfill", "we", "us"). By using the service you agree to them. If you are agreeing on behalf of an employer, you confirm you have authority to bind that employer, and "you" means that employer.

What the service does

Krewfill receives absence reports from hourly workers by text message, identifies the resulting coverage gaps against the schedule the employer provides, offers the open shift by text to workers who appear eligible, and confirms to the manager when it is claimed.

Your responsibilities

• Accurate data. Rosters, coverage requirements, shift times and cost figures come from you. Our output is only as good as what you provide. You will keep your schedule current and understand that we suspend shift offers when it becomes stale.
• Notice to workers. Before you send us a roster, you represent and warrant that you have done all of the following:
  • Told every person on it that absence reporting and shift coverage happen by text through Krewfill, using the wording we supply or wording substantially equivalent to it
  • Told them the messages come from you, delivered by us, and that standard message and data rates may apply
  • Told them they can stop the messages at any time, and that stopping will not affect their employment
  • Kept a record of when and how you gave that notice, and will produce it if we ask
  • Excluded anyone you have not given notice to, and anyone who has already asked not to be contacted
  You will tell us promptly if someone asks you, rather than us, to stop receiving messages.
• Employment decisions. Any decision about scheduling, discipline, overtime or mandation is yours alone. You are responsible for compliance with wage and hour laws and regulations, collective bargaining agreements, leave rules, predictive scheduling and fair workweek ordinances, and everything else that governs your workforce.
• Pay you authorise. Any premium rate we transmit is one you set in advance in your configuration. You are responsible for honouring it, for calculating overtime correctly, and for any wage claim arising from a shift claimed through Krewfill.
• No retaliation. You will not treat any worker less favourably for opting out of messaging or for exercising a privacy right.
• Access control. Keep manager credentials secure and tell us promptly if an account should be removed.

What we will not build

We will not add features that record reasons for absence, score or rank individual workers on attendance, or generate evidence for disciplinary action against a named individual. This is a design commitment, not a current limitation, and it applies regardless of customer request.

Free trial

The free trial runs 60 days at no charge, at one site. We will tell you the price in writing before the trial begins.

The trial does not convert automatically. It will not roll into a paid subscription, and we will not charge you, unless you affirmatively agree in writing to subscribe. If you do nothing, the trial simply ends. Either side can end a trial at any time for any reason.

Fees, renewal and cancellation

Paid plans are billed monthly in advance and priced per site. Where a plan uses headcount bands, the band is determined by the number of hourly workers on the roster at the start of each billing period. Adding workers within a band does not change the fee. Multi-site pricing is quoted.

We will give at least 30 days written notice before any price change, and a price change never applies to a period you have already paid for. Fees are non-refundable except where required by law or where we have charged you in error, in which case we will refund promptly.

On cancellation we will provide an export of your data on request and delete it in accordance with our Privacy Policy.

Messaging

Message and data rates may apply to workers and managers. Workers may opt out at any time by replying STOP, and that opt-out is permanent. We maintain a suppression record, so a worker who opts out stays opted out even if their number appears on a later roster you send us. You may not ask us to re-enroll them.

Message delivery depends on third party carriers and on carrier registration programs we do not control. Carriers are not liable for delayed or undelivered messages, and we cannot guarantee delivery of any individual message. Carriers may filter, delay or block messages at their discretion.

Estimates and illustrations

Any figure produced by a calculator, worksheet, proposal or example on our website or in a proposal is an estimate based on assumptions we state alongside it. It is not a quote, a projection, a guarantee of savings, or a representation that your results will resemble it. Timelines, names and message content shown in examples are illustrative. Do not rely on any such figure as the sole basis for a purchasing decision.

Availability and changes to the service

We aim for high availability but do not guarantee uninterrupted service on standard plans. Scheduled maintenance will be announced in advance where practical. Uptime commitments are available on custom plans by written agreement.

We may modify or discontinue features. If we materially reduce a feature you rely on, we will give at least 30 days notice and you may cancel without penalty for the remainder of your term.

Your data

You own your data. We process it to provide the service, as described in our Privacy Policy, and we act as your processor or service provider for workforce data. We will sign a data processing agreement on request. We may use aggregated, de-identified statistics that cannot be traced to any employer or individual to improve the product, and we will not attempt to re-identify them.

Feedback

If you send us suggestions, we may use them without restriction or obligation. We will not identify you as the source without your permission.

Acceptable use

Do not use Krewfill to harass, surveil or build a case against an individual worker. Do not attempt to circumvent the reason-blind design. Do not send unsolicited messages through the service, upload numbers you have no relationship with, or use it for any marketing purpose. Do not resell the service without written agreement. Do not attempt to probe, scan or reverse engineer the service.

We may suspend access immediately, without notice, where we reasonably believe use violates this section, creates a risk to workers, or exposes us to carrier or regulatory action. We will tell you why as soon as practical and restore access if the issue is resolved.

Publicity

Neither party will use the other's name or logo publicly without written permission. If you agree to be referenced, you may withdraw that permission at any time and we will remove the reference within 30 days.

Disclaimers

The service is provided as is and as available. We disclaim all warranties to the fullest extent the law allows, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that every eligible worker will be identified, that coverage gaps will be detected in every case, that any shift will be filled, or that messages will always be delivered.

Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or relating to the service is limited to the fees you paid us in the twelve months preceding the claim. We are not liable for indirect, incidental, consequential, special, exemplary or punitive damages, including lost profits, missed deadlines, production losses, wage or labour costs, or costs of substitute services.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence. Some states do not allow certain exclusions, so parts of this section may not apply to you.

Indemnity

You agree to indemnify and defend Krewfill against third party claims arising from your use of the service, your employment decisions, the accuracy of any roster or contact information you provide, any pay rate you authorised us to transmit, or your failure to give your workforce the notice described above. We will notify you promptly of any such claim and cooperate at your expense.

Term and termination

These terms apply for as long as you use the service. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. On termination your right to use the service ends immediately. The sections on fees already incurred, your data, feedback, disclaimers, limitation of liability, indemnity, and dispute resolution including the arbitration agreement and class action waiver, survive termination.

Dispute resolution, arbitration and class action waiver

Talk to us first

We would rather solve a problem than fight about one. Before starting arbitration or filing anything, each party will send the other written notice describing the dispute, the relief sought, and enough detail to evaluate it. Notice to us goes to [email protected]. Each party then has 30 days to resolve it in good faith. This step is a condition of starting arbitration, and any limitation period is paused while it runs.

Agreement to arbitrate

If informal resolution fails, any dispute, claim or controversy arising out of or relating to these terms or the service, including its formation, interpretation, breach or termination, will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award may be entered in any court with jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.

Arbitration will take place in Fayette County, Kentucky, or by videoconference or on written submissions if both parties agree. One arbitrator will preside. The arbitrator may award any relief a court could award to that individual party, and must issue a reasoned written decision. The arbitrator, not a court, decides questions about the scope, enforceability and interpretation of this section, except that a court decides whether the class action waiver below is enforceable.

Class action waiver

Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated or representative proceeding. The arbitrator may not consolidate more than one party's claims, may not preside over any form of representative or class proceeding, and may not award relief to anyone who is not a party to the arbitration.

If this class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, will be severed from the arbitration and brought in the courts identified below. The rest of this section continues to apply to all other claims.

Jury trial waiver

To the extent any claim proceeds in court rather than arbitration, both parties knowingly and voluntarily waive any right to a trial by jury.

What is not covered

• Small claims. Either party may bring a qualifying claim in small claims court instead of arbitration.
• Urgent relief. Either party may seek a temporary restraining order or preliminary injunction in court to protect intellectual property, confidential information or worker safety, without waiving anything in this section.
• Workers. Nothing in this section applies to hourly workers at your sites. Workers are not parties to these terms, have not agreed to arbitrate anything, and keep every right and forum otherwise available to them, including the ability to bring or join a class or collective action. Nothing here waives any right a worker has under wage and hour, labour, privacy or civil rights law.
• Non-waivable rights. Nothing in this section waives a right that cannot be waived by law in your state.

Costs and fees

Filing, administration and arbitrator fees are governed by AAA rules and shared as those rules provide. If we initiate the arbitration, we pay all filing and arbitrator fees. Each party bears its own attorneys' fees unless the arbitrator awards them under a statute that permits it.

Changes to this section

If we materially change this section, the change applies only to disputes arising after the change takes effect, and you get a fresh 30-day window to opt out.

Governing law

These terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict of law rules, except that the arbitration agreement above is governed by the Federal Arbitration Act.

For any claim not subject to arbitration, or if the arbitration agreement is found unenforceable, the state and federal courts located in Fayette County, Kentucky have exclusive jurisdiction, and each party consents to that jurisdiction and venue.

Where a mandatory consumer or employment protection in your own state gives you a right that Kentucky law would not, that protection still applies to you and nothing here waives it.

General

• Entire agreement. These terms, the Privacy Policy and any order form or written agreement between us are the whole agreement, and supersede prior discussions. If an order form conflicts with these terms, the order form controls for that customer.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest remains in force.
• No waiver. Not enforcing a provision once does not waive it.
• Assignment. Neither party may assign these terms without the other's written consent, except to a successor in a merger or sale of substantially all assets, on written notice.
• Force majeure. Neither party is liable for failure to perform due to causes beyond reasonable control, including carrier outages, natural disaster and government action. Payment obligations already incurred are not excused.
• Notices. Notices to you go to the email on your account. Notices to us go to [email protected]. Notice is effective on the next business day after sending.
• Independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship. Krewfill is not a joint employer of your workforce, does not direct or control their work, does not set their schedules or pay, and does not hire or terminate anyone.
• No third party beneficiaries. Except that a worker may enforce the opt-out and no-retaliation commitments made in these terms and our Privacy Policy.
• Electronic agreement. You consent to transact electronically and agree that electronic acceptance and records are enforceable.
• Export and sanctions. You will not use the service in violation of United States export control or sanctions laws.

Changes to these terms

We may update these terms. Material changes will be notified by email at least 30 days in advance. If you do not accept a material change, you may cancel before it takes effect and we will refund any prepaid, unused fees. Continued use after that period means acceptance. Prior versions are available on request.

Contact

Krewfill LLC
Lexington, Kentucky
Legal: [email protected]
Billing: [email protected]
Everything else: [email protected]