Terms of Service

1. Who these Terms apply to

These Terms cover everyone who uses the Services: visitors to our website, our customers’ administrators, and the employees who use Crewhaven through their employer. By using the Services you agree to them. If you use them for a business, you confirm you have authority to bind that business.

Most customers also sign an order form or subscription agreement with us. For that customer’s use, the signed agreement controls if it conflicts with these Terms, and these Terms fill in whatever it does not cover.

2. Accounts

Crewhaven accounts are created by your employer’s administrators. You activate yours from an invitation link. Give accurate information, keep your password to yourself, and tell us at crewhaven@odysseydevelopments.dev if you think someone else has used your account. You are responsible for what happens under your account. Your employer’s administrators, or we, may suspend or deactivate an account that breaks these Terms or that your employer no longer wants active.

3. Who does what

We provide Crewhaven as a hosted product and service. We build, host, secure, update and support it. We do not administer your organization’s directory for you. Your organization’s administrators do. They create and deactivate accounts, send invitations, assign admin rights, see everything the product holds about your people (including private HR details and usage analytics), manage the Microsoft 365 connection, and export your data. At launch we set up your first administrator accounts for the people you name; after that, your administrators are in charge.

Your organization is responsible for choosing its administrators, for what they do in the product, and for what it enters.

We do not look at your data or use it for our own purposes. Our staff open it only to provide support you ask for, to maintain, secure and repair the Services, to carry out an instruction from your administrators (such as an export or an erasure), or where the law requires. They are bound by confidentiality, and we act within our agreement with you and our data processing terms.

No one at your organization or at ours can read anyone’s password. Passwords are stored only as one-way hashes.

4. Subscriptions, fees and payment

Fees, billing periods, renewal, price changes and accepted payment methods are set out in your order form or subscription agreement. Unless your order says otherwise, fees do not include taxes (which you pay, other than taxes on our net income), paid fees are not refundable except as the agreement or the law provides, and late amounts may accrue interest at the rate stated in your agreement.

A consultation with us is free and has no fees.

5. Acceptable use

You agree not to:

• use the Services for anything unlawful, fraudulent or harmful, or to infringe anyone’s rights;
• send spam or malicious code, or try to get into any system or data you are not allowed to access;
• interfere with the Services, for example by overloading them, scraping them at high volume, or getting around security or rate limits;
• reverse engineer, decompile or copy the Services except where the law permits;
• upload content you have no right to share, or that is unlawful, defamatory or infringing;
• store Social Security or other government ID numbers, financial account or payment card numbers, or health information in Crewhaven, unless we have agreed to it in writing.

6. Your content and your people’s information

You keep ownership of what you put into the Services (“Your Content”), including the people records your organization enters. You give us a worldwide, non-exclusive, royalty-free license to host, process and display Your Content only to provide the Services to you.

If you are a customer, you are responsible for Your Content being accurate and lawful, for having the right to share your employees’ information with us, and for giving your employees any notices and getting any consents the law requires. We process people’s information for you under our data processing terms and our Privacy Policy. You can export your data at any time through the admin tools.

7. Our intellectual property, and yours

We and our licensors own the Services, including the software, designs, text and the Crewhaven name and logo. We give you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. You receive a license, not ownership, of the software.

If you buy the Branding & Personalization package, you keep ownership of your own names, logos and brand assets, and you let us display them to build and run your branded edition. We will not use them for any other customer or product. If you send us feedback, we may use it without owing you anything.

8. Third-party services

The Services work with services we do not control, such as Microsoft 365, Apple’s App Store, Google, Stripe and our hosting providers. Your use of them is covered by their terms, and we are not responsible for them.

9. The demo and sample content

The company, people, email addresses, phone numbers and events in our website’s screenshots and demo are fictional. Any resemblance to a real person or business is a coincidence. Please do not enter real personal information into a demo.

10. Availability and changes

We work to keep the Services available but do not promise they will always be uninterrupted or error-free. Any service levels and support commitments are in your order form or agreement. We may change, suspend or retire features, giving reasonable notice where we can.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF CONTENT. ANY CUSTOM SOFTWARE WORK IS GOVERNED BY A SEPARATE SIGNED AGREEMENT OR STATEMENT OF WORK.

12. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) WHAT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AND (B) $100. A signed agreement with us may set a different limit for its customer.

13. Indemnity

You will defend and indemnify OdysseyDevelopments LLC and its members, employees and contractors against third-party claims arising from Your Content, your use of the Services in breach of these Terms, or your violation of law or of anyone’s rights.

14. Ending your use

You can stop using the Services at any time. We may suspend or end your access if you break these Terms or the law requires it. When a customer’s subscription ends, the customer can export its data for 30 days, and we then delete it as described on Data retention and deletion. Sections that by their nature should continue (ownership, disclaimers, liability, indemnity, and governing law) do.

15. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Disputes will be brought only in the state or federal courts located in Palm Beach County, Florida, and you and we consent to those courts.

16. General

These Terms, our Privacy Policy and, for the iOS app, the mobile app terms are the whole agreement between you and us about the Services, together with any signed agreement as described above. If a part is unenforceable, the rest stays in effect. Not enforcing a part is not giving it up. You may not assign these Terms without our consent; we may assign them to a successor. We may update these Terms by posting the new version with a new “Last updated” date, and we email customers’ account administrators about material changes before they take effect. Questions: crewhaven@odysseydevelopments.dev.