Terms of Service

These Terms of Service ("Terms") govern your access to and use of the WorkAlert.io website, mobile applications, and related services (collectively, the "Services") operated by WorkAlert LLC ("WorkAlert," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Description of the Service

WorkAlert is a workforce attendance and absence reporting application designed for waste, recycling, and industrial operations. Frontline employees use the mobile app to report absences, tardiness, and shift issues, and supervisors receive notifications so they can adjust staffing and routes.

2. Eligibility & Accounts

You must be at least 18 years old to use the Services. WorkAlert is intended for use by employers and their authorized employees. When you create an account, you agree to provide accurate, current, and complete information and to keep your login credentials confidential. You are responsible for all activity that occurs under your account.

If you use WorkAlert on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you and that organization.

3. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation, including employment, labor, and privacy laws.
• Submit false, misleading, or fraudulent absence or tardiness reports.
• Access or attempt to access accounts, data, or systems that do not belong to you.
• Reverse engineer, decompile, scrape, or attempt to extract source code from the Services.
• Interfere with or disrupt the integrity or performance of the Services, including by introducing malware or attempting to overload our systems.
• Resell, sublicense, or otherwise commercially exploit the Services without our prior written consent.

4. Employer & Employee Data

Employers using WorkAlert are responsible for ensuring they have the legal right to collect, process, and share employee information through the Services, and for complying with all applicable employment, labor, and privacy laws. Employees are responsible for the accuracy of reports they submit through the app.

WorkAlert processes data on behalf of the employer. Our handling of personal information is described in our Privacy Policy.

5. Fees & Subscriptions

Certain features of the Services may require a paid subscription. Fees, billing cycles, and payment terms will be presented at the time of purchase. Unless otherwise stated, subscription fees are non-refundable. We may change pricing with reasonable advance notice; continued use of the Services after a price change constitutes acceptance of the new pricing.

6. Intellectual Property

The Services, including all software, text, graphics, logos, and content (other than employer or employee data), are the property of WorkAlert LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose, subject to these Terms.

You retain ownership of the data you submit. By submitting data to the Services, you grant us a worldwide, royalty-free license to host, store, process, transmit, and display that data solely as necessary to provide and improve the Services.

7. Notifications & Messaging

The Services may send SMS, push, and email notifications to supervisors and employees. By using the Services, you consent to receiving these notifications. Message and data rates may apply. You may opt out of non-essential notifications in your account settings or by replying STOP to SMS messages, but doing so may limit the functionality of the Services.

8. Third-Party Services

The Services may rely on or integrate with third-party services (for example, push notification providers, SMS gateways, cloud hosting, and payment processors). We are not responsible for the availability, accuracy, content, or practices of any third-party services, and your use of them is subject to their own terms.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT NOTIFICATIONS WILL BE DELIVERED WITHOUT DELAY OR INTERRUPTION, AND THE SERVICES SHOULD NOT BE RELIED UPON AS THE SOLE METHOD OF EMERGENCY OR TIME-CRITICAL COMMUNICATION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKALERT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless WorkAlert and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any law or the rights of any third party.

12. Suspension & Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or if we are required to do so by law. You may stop using the Services and close your account at any time. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

13. Changes to the Services or Terms

We may modify, suspend, or discontinue any part of the Services at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Contra Costa County, California, and you consent to the personal jurisdiction of those courts.

15. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WorkAlert regarding the Services and supersede any prior agreements. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent.

16. Contact

Questions about these Terms? Contact us at Support@workalert.io or by mail at:

WorkAlert LLC
1875 Mission St Ste 103 #239
San Francisco, CA 94103
United States