Terms of service

1. About these terms

These terms are an agreement between the business that holds a Crewzy account ("you") and Crewzy Pty Ltd (ABN [ABN]) of [registered address] ("we" or "us"). The person who accepts them for the business confirms they are allowed to do so.

Our data processing terms form part of these terms. Our privacy policy explains how we handle personal information.

2. Who can use Crewzy

Crewzy is for businesses in Australia and New Zealand. The person who sets up an account must be at least 18 and acting for a business.

The people you invite, such as office staff and workers, use Crewzy as part of your account. You choose their roles, and you are responsible for what they do in it and for making sure they follow these terms.

3. Accounts and security

• Keep sign-in details to yourself. Each person signs in as themselves.
• Turn on two-step sign-in for owners. Owners can see the business's bank details and books.
• Tell us straight away at hello@getcrewzy.com if you think someone has used your account without permission.
• You are responsible for what happens under your account, including on a shared crew tablet you set up, unless it was caused by our failure to take reasonable care.

4. The free trial

A new business gets a 30-day free trial with every feature turned on. No card is needed. If you have not chosen a plan when the trial ends, the business is locked until you do, and your records are kept and can still be downloaded. One trial per business; we may refuse a trial that looks like an attempt to get around this.

5. Plans, prices and billing

• The plans, what each includes and their prices are on our pricing page and on the Billing page in the app. The price you pay is the one shown when you choose or renew.
• Prices are in Australian dollars, or New Zealand dollars for New Zealand businesses, and include GST.
• You can pay monthly or yearly, in advance, by card through our payment provider, Stripe. Your plan renews automatically at the end of each period until you cancel.
• Extra office logins and extra connections are monthly charges at the prices on the pricing page, billed with your plan.
• Each plan includes a number of active crew. A worker is active in a calendar month if they clocked on, or were booked on a job, that month. Active crew above the number included are a monthly charge for that month, at the price on the pricing page, up to the most the pricing page allows. A larger crew than that is on a Business plan, priced by quote.
• Each plan includes a number of text message parts to your customers each calendar month. Parts above that are charged at the price on the pricing page, after the month ends, up to a monthly limit the owner sets in the app. A text that would go past the limit is not sent. Replies from your customers are not charged.
• Each plan has other limits, such as office logins, jobs a month, connections and fair use of AI, set out on the pricing page. When you reach one, the app tells you and the action that would pass it is refused until you change plan or add more. Reaching a limit never removes anyone or anything you already have.
• You can change plan from the Billing page. The difference is worked out by our payment provider for the rest of the period. Moving to a smaller plan removes nobody, but stops new logins or connections beyond the new limits.
• If we change our prices, we will email the owner at least 30 days before a new price applies to your next renewal. You can cancel before then.
• We do not take a fee on payments your customers make to you by card. If that changes, we will tell you at least 30 days ahead.

6. Founding member prices

While founding places are available, a business that qualifies as shown on the pricing page keeps the founding price for its plan, and for its extra logins and connections, for as long as its subscription continues without a break. This is what we mean by "for life". It applies to that business, in the currency it first paid in, and carries over if it changes plan.

If the subscription ends, for example because it is cancelled and the period runs out or a failed payment is not fixed, the founding price ends with it, and a new subscription is at the list price. If the GST rate changes, the price changes by the same amount.

7. If a payment fails

If a payment fails, you have 14 days from the first failure to update your card. During that time the app keeps working and shows a notice. If it is still unpaid after 14 days, the business is locked.

When a business is locked, the app stops for everyone except the owner's Billing and Export pages, so a plan can be chosen and your records downloaded. Paying unlocks it straight away. Locking does not delete anything. Reminders already set up to go to your customers may still be sent while it is locked.

8. Cancelling and refunds

You can cancel at any time from the Billing page. Everything keeps working until the end of the period you have paid for, then the business is locked and nothing more is charged. We do not refund the unused part of a period when you cancel, except where the law requires it or these terms say otherwise.

Closing the business (see Your data) ends the plan straight away, so the rest of the period is not used. If you want to use it, cancel first and close the business later.

Your rights under consumer law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If there is a major failure, you are entitled to cancel and to a refund for the unused part, or to compensation for the drop in value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure is not major, you are entitled to have it fixed in a reasonable time. Nothing in these terms excludes, restricts or changes those guarantees, or your rights under New Zealand law that cannot be excluded.

9. Your data

• Your records are yours. You let us store, copy, process and show them only to provide Crewzy to you, as these terms and the data processing terms describe.
• The owner can download everything at any time from Settings, Export, including while the business is locked: a spreadsheet of each kind of record, or one file with all of them and every stored document.
• The owner can close the business from Settings. It is kept for 90 days so it can be reopened, then its records and files are deleted. What we keep after that is set out in the privacy policy.
• You are responsible for keeping any records the law requires you to keep, such as tax records. Download them before you close the business.
• You are responsible for the information you put in Crewzy about your customers, workers and others: that you may collect and use it, that you have told them what the privacy law requires, and, before turning on clock on locations, that you have given your workers any notice the law requires.

10. Acceptable use

You must not use Crewzy to, or try to:

• break the law, or help anyone else to;
• send messages people have not agreed to receive;
• mislead or deceive anyone, including with AI drafts;
• upload anything you have no right to use, or anything harmful such as malware;
• reach another business's records, or get around the app's security, roles or plan limits;
• put an unreasonable load on the service, including by scraping or automated requests beyond normal use, or test its security without our written agreement;
• copy, resell or rebuild Crewzy, except as the law allows; or
• harass, threaten or harm anyone.

If you find a security problem, tell us at hello@getcrewzy.com.

11. Texts and emails to your customers

Texts and emails you send through Crewzy are sent in your business's name, and you are the sender. You must follow the Spam Act 2003 (Cth) and, in New Zealand, the Unsolicited Electronic Messages Act 2007. In particular:

• Only send to people who have agreed to hear from you, or where the law treats their agreement as given, such as messages about work they asked for.
• Make sure each message says it is from your business.
• Give people a way to stop. Texts from our numbers end with "Reply STOP to opt out", and a STOP reply stops your texts to that customer automatically. Do not get around a STOP, for example by adding the number again.
• If a customer asks you to stop emailing them, stop.
• Use a sender name only if it is yours and, in Australia, on the ACMA SMS Sender ID Register.

We may limit how many texts a business sends in a day. Any charge for texts is shown on the pricing page.

12. AI features

• AI drafts and answers can be wrong or incomplete. Check them before you rely on them or send them.
• The assistant prepares; you decide. It never sends, posts or pays anything by itself: each change it proposes waits for a person to confirm it.
• AI is not professional advice. It does not replace advice on law, tax, safety or how to do regulated work such as electrical, gas or plumbing work.
• You are responsible for what you send or do with an AI draft.
• AI use is subject to the limits on the pricing page. An owner can switch AI off for the business.
• To provide these features we send the information they need to our AI provider, as the privacy policy explains.

13. Services you connect

Crewzy works with other services, such as your accounting software, your own Stripe account and head contractors' systems. When you connect one, you ask us to exchange data with it for you. Your use of it is under that service's own terms, and we are not responsible for what it does, whether it is available, or changes it makes that affect the connection.

Money your customers pay by card goes into your own payment account, never ours. Refunds, disputes and chargebacks are yours to handle with your payment provider.

14. Availability and support

We aim to keep Crewzy running at all times, but cannot promise it will never be interrupted, such as for maintenance or when a service we rely on fails. We will try to give notice of planned maintenance. The crew app keeps working with no signal and sends changes when it can; a change made offline that clashes with one already made may be refused, and the office is told.

Support is by email at hello@getcrewzy.com and the help centre. To help you, our support staff can view your business read only, with a reason that is recorded and shown to the owner. They change something only when you ask.

15. Changes to Crewzy and to these terms

Crewzy will change over time. If we remove or reduce a feature in a way that materially affects a plan you pay for, we will tell you at least 30 days ahead where we can, and you can cancel and get a refund of the unused part of any period you have paid in advance.

We may change these terms. We will email the owner at least 30 days before a change that could disadvantage you takes effect. If you do not agree, you can cancel before then and get a refund of the unused part of any period you have paid in advance. Changes that only make the terms clearer, or that the law requires, apply when we publish them.

16. Suspension and ending

You can end these terms at any time by cancelling your plan or closing your business.

We may suspend or end your access if you seriously or repeatedly break these terms, use Crewzy unlawfully, or put the service or other people at risk. Where it is reasonable, we will tell you first and give you a chance to fix the problem. Unless the law prevents it, you will be able to download your records for 90 days afterwards.

If we stop offering Crewzy, we will give you at least 90 days' notice, time to download your records, and a refund of the unused part of any period you have paid in advance.

17. Intellectual property

We own Crewzy, its software, design and content, and we give you the right to use it while you have an account. You own your records. If you send us suggestions, we may use them without owing you anything.

18. Liability

Nothing in this section limits the consumer guarantees or any other liability that the law does not allow us to limit.

Subject to that:

• We are not liable for loss of profit, revenue or business opportunity, or for indirect or consequential loss.
• Our total liability to you for all claims under or about these terms is limited to the amount you paid us in the 12 months before the claim arose.
• Where the law allows us to limit our liability for a failure to meet a consumer guarantee, it is limited to supplying the service again or paying the cost of having it supplied again.
• Our liability is reduced to the extent you or your people caused or added to the loss.
• These limits do not apply to loss caused by our fraud or wilful misconduct.

You are responsible for, and will cover us for, claims by others to the extent they arise from your records, the messages you send, or your breach of these terms or of the law.

19. Governing law and disputes

These terms are governed by the law of [governing state: NSW?], Australia, and the courts there can hear any dispute. If your business is in New Zealand, this does not take away rights you have under New Zealand law that cannot be excluded. If you have a problem, please contact us first so we can try to sort it out.

20. Notices and contact

We send notices to the owner's email address in Crewzy. Send notices to us at hello@getcrewzy.com, or by post to Crewzy Pty Ltd, [registered address].

If part of these terms cannot be enforced, the rest still applies. If we do not enforce a right straight away, we can still enforce it later. We may transfer these terms to a buyer of Crewzy, and will tell you if we do.