Terms of Service

By clicking "I agree", signing an order form, accessing the Service, or using the Service on behalf of a business, you accept these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business. The Service is intended for business use by individuals age 18 or older.

These Terms are a subscription agreement. Together with our Privacy Policy, our Data Processing Addendum, our list of subprocessors (available to Customer administrators on written request to support@crewnyx.com), and any order form referencing these Terms, they form the entire agreement between you and Sparky Venture Labs LLC (the "Agreement").

• "Customer" means the business that subscribes to the Service, either directly or through an order form.
• "User" means an individual authorized by Customer to use the Service — typically an admin, super admin, or field employee.
• "Customer Data" means all information, files, and content uploaded to or generated in the Service by Customer or its Users.
• "Organization" or "Org" means Customer's tenant within the multi-tenant Service, isolated from other Customers' data.
• "Subscription Term" means the period Customer has paid for.

The Service is multi-tenant: each Customer has its own Organization. Within an Organization, Users are assigned one of three roles:

• Employee — day-to-day User (typically a field technician). Employees cannot make sensitive, destructive, or account-level changes.
• Admin — can manage Users, sites, time entries, receipts, and other operational settings within their Organization.
• Super Admin — can additionally manage billing, organization-wide settings, integrations, and User roles.

Customer is responsible for (a) ensuring that Users comply with the Agreement, (b) provisioning and de-provisioning User accounts promptly, and (c) keeping credentials, API tokens, and OAuth grants secure. Customer must notify us immediately at support@crewnyx.com of any unauthorized use of the Service or credential compromise.

Customer retains all right, title, and interest in and to Customer Data. Customer grants Sparky Venture Labs LLC a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely to provide and support the Service and to enforce the Agreement.

Sparky Venture Labs LLC processes Customer Data as a "processor" (GDPR) or "service provider" (CCPA/CPRA) on Customer's behalf, in accordance with our Data Processing Addendum, which is incorporated by reference. In case of conflict between the DPA and these Terms regarding personal data, the DPA controls.

No AI training. We do not use Customer Data to train generative AI or machine-learning models.

Workplace monitoring, notices, and consents. Customer decides whether and how its Users use location, geofencing, vehicle-tracking, clock-photo, and similar features. Customer is solely responsible for giving its personnel every notice, and obtaining every consent or acknowledgment, that applicable law requires before those features are used — including employee-monitoring, electronic-monitoring, vehicle-tracking, and biometric-privacy laws. The Service does not perform facial recognition or extract face geometry from photos.

Export. Customer can export Customer Data during the Subscription Term through the Service's export features or by request to support@crewnyx.com. On termination, Customer has 30 days to export Customer Data, after which we may delete it in accordance with the DPA.

Customer and its Users will not, and will not allow anyone to:

• Use the Service in violation of applicable law.
• Access, tamper with, or use non-public areas of the Service, our infrastructure, or the accounts of other Customers.
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent authentication, authorization, or rate-limit measures — except for authorized security testing performed under a written agreement with us.
• Reverse engineer, decompile, disassemble, or derive source code from the Service, except to the extent applicable law forbids restricting such activity.
• Use the Service to store or transmit malicious code, phishing content, spam, unsolicited commercial messages, or content that infringes, harasses, defames, or violates a third party's rights.
• Use the Service to collect, store, or process government-issued identifiers, full payment card numbers, biometric identifiers, protected health information under HIPAA, or information about children under 16. Crewnyx is not designed for those categories.
• Copy, resell, sublicense, white-label, or otherwise commercially exploit the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service, or create derivative services that compete with the Service.
• Use the Service to train, benchmark, or improve a competing product, large language model, or AI system.

We may suspend or terminate access if we reasonably believe the Agreement or this Acceptable Use policy has been violated, or if continued access poses a security or legal risk. Where practical, we will provide notice and an opportunity to cure.

The Service integrates with third-party services (for example, calendar, messaging, payment, push-notification, and transactional-email providers). Customer's use of those services is governed by their own terms and privacy policies. Sparky Venture Labs LLC is not responsible for the availability, accuracy, or content of third-party services, and enabling an integration constitutes Customer's authorization for Sparky Venture Labs LLC to exchange the relevant data with that provider.

The Service is billed on a subscription basis, per active User seat, per month or per year, at the rates displayed at crewnyx.com/pricing or in an applicable order form. Payment is processed by our PCI DSS Level 1 payment processor. By subscribing, Customer authorizes Sparky Venture Labs LLC and its payment processor to charge the payment method on file for all fees due.

Automatic renewal. Subscriptions automatically renew at the end of each Subscription Term for a period equal to the then-current term at the then-current rate, unless canceled from the billing settings before the renewal date. Customer may cancel at any time; cancellation takes effect at the end of the current paid period.

Late payment. If a payment fails or fees are past due, Sparky Venture Labs LLC may suspend access to the Service until the balance is paid. Reasonable collection costs and interest at 1.5% per month (or the maximum permitted by law, whichever is less) may be added to overdue balances.

Refunds. Except where required by law, subscription fees are non-refundable. If Sparky Venture Labs LLC terminates the Agreement for a material breach not caused by Customer, Sparky Venture Labs LLC will refund any prepaid, unused fees on a prorated basis.

Price changes. Sparky Venture Labs LLC may change list prices for future renewals with at least 30 days' notice via email to the billing contact. Price changes do not affect the current paid Subscription Term.

If we offer a free trial, we specify the length of the trial when Customer signs up. Unless canceled before the trial ends, the subscription will automatically convert to a paid subscription at the then-current rate. During a free trial, the Service is provided "as is" with no warranties or service levels.

Fees are exclusive of applicable taxes. Customer is responsible for all sales, use, VAT, GST, or similar taxes, other than taxes on Sparky Venture Labs LLC's income. If Sparky Venture Labs LLC is required to collect and remit tax, we will add it to the invoice.

From time to time, we may make beta, preview, or early-access features available. Those features are clearly labeled as beta and are provided "AS IS", without warranty, and may be modified or discontinued at any time. Sparky Venture Labs LLC's total liability arising from any beta feature will not exceed one hundred U.S. dollars (US$100).

We continually improve the Service and may add, modify, or remove features. If we materially reduce the core functionality of a paid Service tier during a Subscription Term, Customer's exclusive remedy is to terminate that tier and receive a prorated refund of prepaid, unused fees.

The Agreement begins when Customer first accepts these Terms and continues until terminated. Either party may terminate for the other's material breach not cured within 30 days after written notice.

Sparky Venture Labs LLC may terminate immediately if (a) fees are more than 30 days overdue, (b) Customer's use materially threatens the security or integrity of the Service, or (c) Customer becomes insolvent, files for bankruptcy, or ceases business.

On termination: (i) Customer's access ends at the close of the current paid period (or immediately in the case of a for-cause termination), (ii) fees already paid are non-refundable except as expressly stated, (iii) Customer may export Customer Data for 30 days, and (iv) provisions that by their nature survive termination (payment, IP, warranty disclaimers, liability caps, indemnity, governing law, arbitration) will survive.

Each party may receive confidential information ("Confidential Information") from the other. Each party will (a) use Confidential Information only to exercise its rights and perform its obligations under the Agreement, (b) protect it with the same degree of care it uses for its own confidential information (and no less than a reasonable degree of care), and (c) not disclose it to third parties except to employees, contractors, and subprocessors bound by confidentiality obligations at least as protective as this Section. Confidential Information does not include information that is public through no breach of this Agreement, was independently developed, or is required to be disclosed by law (with prompt notice to the other party where legally permitted).

The Service, including all software, designs, trademarks, logos, and content created by Sparky Venture Labs LLC, is the exclusive property of Sparky Venture Labs LLC and its licensors, and is protected by U.S. and international intellectual property laws. Except for the limited right to use the Service in accordance with the Agreement, no rights are granted by implication, estoppel, or otherwise. "Crewnyx" and any related logos are trademarks of Sparky Venture Labs LLC.

Third-party names and marks are the property of their respective owners and are used only to identify services a Customer may choose to connect. QuickBooks and Intuit are trademarks of Intuit Inc.; Google, Google Calendar, Android, and Google Play are trademarks of Google LLC; Apple, iPhone, and App Store are trademarks of Apple Inc. Slack, Jobber, Alarm.com, UniFi, Bouncie, and Stripe are trademarks of their respective owners. Sparky Venture Labs LLC is not affiliated with, endorsed by, or sponsored by any of them.

If Customer or a User provides suggestions, ideas, or feedback about the Service, Sparky Venture Labs LLC may use it without restriction or compensation. Customer hereby assigns to Sparky Venture Labs LLC all right, title, and interest in and to such feedback, including intellectual property rights.

Sparky Venture Labs LLC respects intellectual property rights and will respond to notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512). To submit a notice, send the required elements — an identification of the copyrighted work, the infringing material, your contact information, a statement of good-faith belief, a statement of accuracy under penalty of perjury, and a physical or electronic signature — to our designated agent:

DMCA Designated Agent
Sparky Venture Labs LLC
Attn: DMCA
206 South Grove Street
Eustis, FL 32726
Email: support@crewnyx.com

We may terminate accounts of repeat infringers. Counter-notices may be submitted by the same process.

Except as expressly stated in the agreement and to the maximum extent permitted by law, the service is provided "as is" and "as available" without warranty of any kind, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or arising from course of dealing or usage of trade. Sparky Venture Labs LLC does not warrant that the service will be uninterrupted, error-free, secure against every threat, or that any data will be preserved. Customer's use of the service is at customer's sole risk.

Pay and payroll figures. Hours, overtime, pay, withholding, and payroll figures the Service shows are estimates to help Customer; they are not tax, legal, or accounting advice. Customer is solely responsible for its wages, overtime, meal and rest breaks and any automatic deductions it turns on, the validity of W-4 forms, withholding, and all payroll filings.

To the maximum extent permitted by law, in no event will sparky, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, business opportunity, goodwill, data, or use, however caused, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.

Sparky Venture Labs LLC's aggregate liability for all claims arising out of or relating to the agreement or the service, whether in contract, tort, or otherwise, will not exceed the amounts customer actually paid to sparky for the service in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply. In that case, our liability is limited to the smallest extent permitted by law.

Customer will defend, indemnify, and hold harmless Sparky Venture Labs LLC and its affiliates, and their respective officers, directors, employees, and agents, from any third-party claim arising out of or related to (a) Customer's or its Users' use of the Service in violation of the Agreement or applicable law, (b) Customer Data (including any claim that Customer Data infringes third-party rights or violates law), (c) Customer's breach of Section 5 (Acceptable Use), or (d) Customer's failure to give a notice or obtain a consent required by law for a feature it uses (Section 4). Sparky Venture Labs LLC will (i) notify Customer promptly, (ii) allow Customer to control the defense (with counsel reasonably acceptable to Sparky Venture Labs LLC), and (iii) reasonably cooperate at Customer's expense. Sparky Venture Labs LLC may participate at its own expense. Customer may not settle a claim in a way that admits liability or imposes obligations on Sparky Venture Labs LLC without Sparky Venture Labs LLC's prior written consent.

The Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Please read this section carefully. It affects your rights.

Informal resolution first. Before starting an arbitration or any other proceeding, the parties will attempt in good faith to resolve any dispute informally by written notice to the other party for at least 30 days. Notices to Sparky Venture Labs LLC must be sent to support@crewnyx.com and to the mailing address in Section 27.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to the Agreement or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The seat of arbitration will be Orange County, Florida, and the arbitration will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action waiver. Claims must be brought on an individual basis. To the fullest extent permitted by law, no arbitration or proceeding may be joined with any other, and there is no right or authority for any dispute to be arbitrated or resolved on a class-action, private-attorney-general, or representative basis.

Exceptions. Either party may (a) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information, and (b) bring an individual small-claims action in the appropriate court in lieu of arbitration if the claim qualifies.

Opt-out. Customer may opt out of this arbitration section by sending written notice to support@crewnyx.com within 30 days of first accepting these Terms. The notice must include Customer's name, account email, and a clear statement that Customer does not wish to arbitrate. If Customer opts out, the "Governing law" section still applies, and disputes will be resolved in state or federal court in Orange County or Lake County, Florida, to whose exclusive jurisdiction the parties consent.

The Service is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation". U.S. Government end users acquire the Service with only those rights set forth in the Agreement, consistent with 48 C.F.R. §§ 12.212 and 227.7202-1 through 227.7202-4.

Customer will comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations and sanctions administered by the Office of Foreign Assets Control (OFAC). Customer represents that neither it nor any of its Users is located in, or a national of, a country that is subject to a comprehensive U.S. embargo, and that Customer is not listed on any U.S. Government prohibited-parties list.

Customer may not assign or transfer the Agreement or any right or obligation without Sparky Venture Labs LLC's prior written consent, except to a successor in a merger, acquisition, or sale of all or substantially all its assets. Any prohibited assignment is void. Sparky Venture Labs LLC may assign the Agreement freely.

Notices to Customer will be sent by email to the address associated with Customer's account or displayed in the Service. Notices to Sparky Venture Labs LLC must be sent by email to support@crewnyx.com and by first-class or certified mail to the address in Section 27. Notices are effective upon receipt.

The Agreement is the entire agreement between the parties and supersedes all prior or contemporaneous discussions and writings on its subject. No waiver is effective unless in writing. If any provision is found unenforceable, the rest remains in effect and the provision will be modified to the minimum extent necessary to make it enforceable. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control (including internet outages, natural disasters, pandemics, war, acts of terrorism, and government action). The parties are independent contractors; nothing in the Agreement creates a partnership, joint venture, or agency relationship. Headings are for convenience only.

We may update these Terms from time to time. When we make material changes, we will notify Customer by email or in-product notice at least 15 days before the change takes effect. Continued use of the Service after the change constitutes acceptance of the revised Terms.

Sparky Venture Labs LLC
Attn: Legal
206 South Grove Street
Eustis, FL 32726
United States

Email: support@crewnyx.com