Terms of Service
Effective Date: September 15, 2025
Acceptance of Terms
By accessing or using the Smart Crew platform (“Service”), you (“Customer” or “User”) agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, do not use the Service.
Description of Service
Smart Crew provides an all-in-one business management software platform designed for small heavy equipment construction companies. The Service includes time tracking, scheduling, job management, team communication, reporting, and related features as described on our website at smartcrewhq.com.
Account Registration
3.1 To use the Service, you must create an account and provide accurate, complete, and current information.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3.3 You must notify Smart Crew immediately at support@smartcrewhq.com of any unauthorized use of your account.
3.4 You must be at least 18 years old to use the Service.
Subscription and Fees
4.1 Fees. You agree to pay all fees associated with your selected subscription plan. Fees are described on our pricing page and may include a setup fee and monthly or annual subscription charges.
4.2 Billing. Subscriptions are billed in advance on a monthly or annual basis depending on your plan. Annual prepay customers will be billed in full at the start of the subscription term.
4.3 Changes to Fees. Smart Crew reserves the right to change subscription fees with 30 days’ written notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.
4.4 Refunds. Setup fees are non-refundable. Monthly subscription fees are non-refundable except as required by applicable law. Annual prepay fees may be prorated at Smart Crew’s sole discretion.
4.5 Taxes. You are responsible for all applicable taxes associated with your subscription.
Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
- Attempt to gain unauthorized access to any part of the Service or its related systems
- Reverse engineer, decompile, or disassemble any part of the Service
- Upload or transmit viruses, malware, or other malicious code
- Use the Service to send unsolicited communications (spam)
- Resell, sublicense, or otherwise transfer access to the Service without written consent from Smart Crew
- Interfere with or disrupt the integrity or performance of the Service
Data and Privacy
6.1 Your use of the Service is also governed by our Privacy Policy, available at smartcrewhq.com/privacy-policy, which is incorporated into these Terms by reference.
6.2 You retain ownership of all data you submit to the Service (“Customer Data”). By submitting Customer Data, you grant Smart Crew a limited license to use, process, and store such data solely to provide the Service.
6.3 Smart Crew will implement reasonable technical and organizational measures to protect Customer Data but does not guarantee against all data loss or unauthorized access.
SMS Communications
7.1 By providing your phone number and opting in through our website or other sign-up forms, you consent to receive SMS text messages from Smart Crew related to your account, demos, onboarding, customer support, and promotional offers.
7.2 Message frequency varies. Standard message and data rates may apply.
7.3 You may opt out at any time by replying STOP to any SMS message. Reply HELP for assistance. Opting out will not affect your ability to use the Service.
Intellectual Property
8.1 Smart Crew and its licensors own all rights, title, and interest in and to the Service, including all software, content, logos, and trademarks.
8.2 These Terms do not grant you any rights to use Smart Crew’s trademarks, logos, or brand elements without prior written consent.
8.3 Any feedback, suggestions, or ideas you provide regarding the Service may be used by Smart Crew without obligation or compensation to you.
Confidentiality
Each party agrees to maintain the confidentiality of the other party’s non-public information disclosed in connection with the Service and not to disclose such information to third parties without prior written consent, except as required by law.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMART CREW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART CREW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF SMART CREW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMART CREW’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
Indemification
You agree to indemnify, defend, and hold harmless Smart Crew and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.
Terms and Termination
13.1 These Terms remain in effect for the duration of your subscription.
13.2 Either party may terminate the subscription with 30 days’ written notice.
13.3 Smart Crew may suspend or terminate your account immediately for material breach of these Terms, non-payment, or conduct that poses a risk to the Service or other users.
13.4 Upon termination, you will lose access to the Service. Smart Crew will retain your Customer Data for 30 days following termination, after which it may be deleted.
Governing Laws
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
Changes to Terms
Smart Crew reserves the right to modify these Terms at any time. We will provide at least 30 days’ notice of material changes via email or in-app notification. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.
General Provisions
16.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Smart Crew regarding the Service.
16.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.3 Waiver. Smart Crew’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
16.4 Assignment. You may not assign your rights under these Terms without Smart Crew’s prior written consent. Smart Crew may assign its rights without restriction.
Contact Us
If you have any questions, concerns, or requests regarding the Terms of Service or your personal information, please do not hesitate to contact us. We are here to help and aim to address any issues promptly and transparently.
Contact Information:
Email: support@smartcrewhq.com
(If you prefer to contact us by mail, please send an email request for our mailing address, and we will provide the appropriate contact information.)
We will respond to your inquiries as soon as reasonably possible.
Thank you for trusting SmartCrew HQ. We are dedicated to protecting your personal information and providing a safe, secure experience for all our users.
