Terms of Service
Please read these Terms of Service carefully before using Our Service. These Terms of Service govern Your access to and use of the Service and form a binding agreement between You and the Company.
1. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Account means a unique account created for You (or Your organization) to access the Service or parts of the Service.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either "the Company", "CrewMix", "We", "Us", or "Our" in this Agreement) refers to Pacific Dev Labs LLC, d/b/a CrewMix, 522 W Riverside Ave Ste N, Spokane, WA 99201-0581.
- Content refers to documents, agreements, wage rates, rate build-ups, schedules, estimates, text, files, or other information that You enter, upload, import, or otherwise make available through the Service.
- Country refers to: Washington, United States.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Estimate means any labor rate, crew or headcount figure, cost figure, schedule, or other numeric output the Service computes or produces from figures You enter, import, or approve.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of the Service.
- Free Trial refers to a limited period of time that may be free at the start of a Subscription.
- Service refers to CrewMix, the software application accessible from https://crewmix.app.
- Subscription refers to access to the Service offered on a recurring subscription basis by the Company to You.
- Terms (also referred to as "Terms of Service") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
- Third-Party Sign-In Service means an identity provider (such as Google or Microsoft) through which You may create an account or log in to the Service.
- You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.
2. Acknowledgment
These are the Terms of Service governing the use of the Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.
If You use the Service on behalf of a company or other organization, You represent and warrant that You have authority to bind that organization to these Terms, and "You" means both You and that organization, which are jointly and severally responsible under these Terms. You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy, which is incorporated into these Terms by reference. Please read the Privacy Policy carefully before using the Service. The Disclaimer is likewise incorporated by reference.
3. The Service
CrewMix is a time-and-materials labor estimating tool for industrial construction. It turns wage rates, benefits, burdens, and related figures that You enter, import, or approve into billable labor rates, crew and headcount figures, schedules, and cost estimates that You can review and export. The Service produces Estimates only. See the "Estimates Disclaimer and Limitation of Liability" section below and the separate Disclaimer.
4. User Accounts
When You create an Account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate suspension or termination of Your Account.
Your organization's administrators control who may access Your organization's data, subject to the user limits of Your plan. You are responsible for safeguarding the credentials used to access the Service and for all activities that occur under Your organization's Accounts, whether with Our Service or through a Third-Party Sign-In Service. You agree not to disclose Your credentials to any third party and to notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
You may not use as a display name or organization name the name of another person or entity where doing so is unlawful, a name or trademark subject to the rights of any person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
You may sign in using a Third-Party Sign-In Service (such as Google or Microsoft). Your use of that provider is governed by that provider's own terms, and the Company is not responsible for the acts or omissions of that provider.
5. Subscriptions
Subscription plans and period
The Service is sold as a monthly Subscription. Current plans are a solo plan and a team plan (see pricing for current fees). You will be billed in advance on a recurring monthly basis. Applicable sales tax (including Washington sales tax) is added at checkout.
At the end of each period, Your Subscription will automatically renew under the same conditions unless You cancel it or the Company cancels it.
Free Trial
The Company offers a Free Trial at the start of a new Subscription. The Free Trial requires a valid payment card and runs for 14 days. During the Free Trial, You may run up to 3 AI-assisted agreement imports; manual entry is unlimited. The 3-import limit is a usage sub-limit within the trial and does not shorten or end the 14-day trial period.
You will not be charged during the Free Trial. When the 14-day Free Trial ends, Your paid Subscription starts automatically and Your card is charged the applicable Subscription fee, unless You cancel before the Free Trial ends. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel the Free Trial offer.
Cancellation
You may cancel at any time, entirely self-serve, from the billing page inside the app — no phone call, no email, and no retention flow. Canceling is as easy as signing up. Cancellation takes effect at the end of the current billing period, and You keep access until then. You will not receive a refund for fees already paid for the current Subscription period, and You will retain access to the Service until the end of that period.
Refunds
Except where required by applicable law, paid Subscription fees are non-refundable, in whole or prorated. The Free Trial is how You evaluate the Service before paying. The Company may, in its sole discretion, consider certain refund requests on a case-by-case basis, but is under no obligation to grant any refund.
Billing
You shall provide the Company with accurate and complete billing information, including Your full legal or business name, billing address, and a valid payment method. Payment is processed by Our third-party payment processor, and Your provision of payment information authorizes the Company and its processor to charge the applicable fees, taxes, and renewal amounts to that payment method. Should automatic billing fail for any reason, the Company may issue an electronic invoice, and the Account may become read-only until payment is completed. You remain responsible for any amounts that remain unpaid.
Fee changes
The Company may modify Subscription fees at any time in its sole discretion. Any fee change will become effective at the end of the then-current period. The Company will provide at least 30 days' prior notice of any fee change by email, giving You an opportunity to cancel before the change takes effect. Your continued use of the Service after the change takes effect constitutes agreement to the modified fee.
6. AI Features
Plans include a monthly quota of AI-assisted agreement imports. When You run an import, the uploaded document and its extracted text are processed by Our AI subprocessor to extract figures. AI extraction output can contain errors and is presented for Your review — You must review and approve every extracted figure before using it. Manual entry is always available. Organizations may optionally supply their own AI provider API key, in which case that provider bills them directly under their own agreement and Our quotas do not apply, and the Company is not responsible for that provider's availability, pricing, or terms. See the Privacy Policy for what AI providers see.
7. Your Content
You own the Content You put into the Service — agreements, rates, build-ups, schedules, and estimates. You grant Us the limited, non-exclusive, royalty-free, worldwide license needed to host, process, back up, transmit to Our subprocessors, and display Your Content solely in order to operate, secure, and support the Service for You. We do not use Your Content for advertising, and We do not sell it.
You represent and warrant that: (i) the Content is Yours or You have the right to use it and to grant the rights above; and (ii) Your use of the Content through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person, or any law. You are solely responsible for Your Content, for its legality, reliability, and appropriateness, and for all activity that occurs under Your Account, whether by You or any third person using Your Account.
You can export Your estimates as Excel workbooks at any time, including while an Account is in a read-only state for non-payment. Although the Company performs regular backups, corrupt or invalid backup points may occur (for example, where Content is corrupted before being backed up or changes during a backup), and the Company does not guarantee against loss or corruption of data or the ability to restore Content to a usable state. You agree to maintain a complete and accurate independent copy of any Content that is important to You in a location independent of the Service.
8. Estimates Disclaimer and Limitation of Liability
CrewMix computes rates and Estimates from figures that You enter, import, or approve. The Company does not warrant that any calculation, extraction, union or wage rate, schedule, or Estimate is correct, complete, current, or suitable for any particular bid, contract, payroll, or staffing decision. Estimates are non-binding and are provided for Your internal review only. You are solely responsible for independently verifying every output before relying on it commercially, and for all bids, pricing, staffing, payroll, and other decisions You make. This is the single most important protection in these Terms, and it is restated in the separate Disclaimer.
To the maximum extent permitted by applicable law:
- Aggregate cap. Notwithstanding any damages that You might incur, the entire aggregate liability of the Company and its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, is limited to the total fees You paid Us in the twelve (12) months preceding the event giving rise to the claim.
- Excluded damages. In no event shall the Company or its suppliers be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever — including, without limitation, damages for loss of profits, lost bids, loss of revenue, loss of data or other information, loss of goodwill, business interruption, or loss of privacy — arising out of or in any way related to the use of, or inability to use, the Service, any third-party software or hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if any remedy fails of its essential purpose.
Some states and jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some or all of the above may not apply to You. In those jurisdictions, the liability of each party is limited to the greatest extent permitted by law.
9. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE", with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limiting the foregoing, neither the Company nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or Estimates included in it; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, currency, or completeness of any information, extraction, figure, or Estimate provided through the Service; (iv) that the Service will meet Your requirements, achieve any intended results, or be compatible or work with any other software, applications, systems, or services; or (v) that the Service, its servers, or any content or email sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In that case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its Affiliates, and its and their respective officers, directors, employees, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) Your Content; (ii) Your use of or access to the Service; (iii) Your violation of these Terms or of any law or the rights of any third party; or (iv) any decision, bid, price, staffing, payroll, or other action You take in reliance on an Estimate or other output of the Service. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of such claims.
11. Acceptable Use
You agree not to, and not to permit anyone to:
- Resell, sublicense, rent, or lease the Service, or use it to build or assist a competing product.
- Upload or transmit Content that is unlawful, infringing, or that You have no right to use, or that contains viruses, malware, or other harmful code.
- Impersonate any person or entity, or misrepresent Your affiliation with any person or entity.
- Interfere with, disrupt, degrade, or circumvent the Service, its security, its rate limits, or its usage or plan limits, or attempt to gain unauthorized access to any Account, system, or data.
- Use any robot, spider, scraper, or other automated means to access the Service for any purpose without Our express written permission, or reverse engineer, decompile, or disassemble any part of the Service except to the extent applicable law prohibits that restriction.
No unauthorized security testing; no bug-bounty program
You may not conduct or attempt any security testing, vulnerability scanning, penetration testing, fuzzing, automated probing, credential testing, or other security research against the Service, its infrastructure, or its subprocessors without the Company's prior express written consent. Such activity is unauthorized access and may violate the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Washington computer-crime statutes (including RCW 9A.90), and other computer-crime, anti-hacking, and wiretap laws.
The Company does not operate a bug-bounty, vulnerability-disclosure, or security-reward program. Submitting an unsolicited security report, "bug bounty" claim, proof-of-concept, or vulnerability finding creates no obligation of any kind on the Company and no entitlement to any payment, reward, recognition, or response. The Company expressly rejects any claim that unsolicited testing or reporting entitles the sender to compensation. The Company reserves all rights and remedies against unauthorized access or testing, including civil and criminal remedies under the Computer Fraud and Abuse Act and applicable state law, and the right to suspend or terminate any Account involved without notice or liability.
The Company may suspend or terminate Accounts that violate this Section or that put the Service or other customers at risk.
12. Intellectual Property
The Service and its original content (excluding Your Content), features, and functionality are and will remain the exclusive property of the Company and its licensors, and are protected by copyright, trademark, and other laws of both the United States and foreign countries. The Company's trademarks and trade dress may not be used in connection with any product or service without the Company's prior written consent. Except for the limited rights expressly granted to You in these Terms, no right, title, or interest in or to the Service is transferred to You.
13. Feedback
You assign to the Company all rights, title, and interest in any Feedback You provide. If for any reason such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction and without any obligation or compensation to You.
14. Copyright Policy / DMCA
The Company respects the intellectual property rights of others, and it is Our policy to respond to any claim that Content accessible through the Service infringes the copyright or other intellectual property rights of any person.
If You believe that Content accessible through the Service infringes a copyright You own or are authorized to act for, You may submit a written notice under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to the Company's copyright agent at [email protected], including: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work claimed to have been infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to permit Us to locate it; (iv) Your address, telephone number, and email address; (v) a statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the owner's behalf.
Upon receipt of a valid notification, the Company will take whatever action it deems appropriate in its sole discretion, including removal of the challenged Content from the Service. You may be held liable for damages (including costs and attorneys' fees) for materially misrepresenting that Content is infringing. The Company maintains a policy of terminating, in appropriate circumstances, the Accounts of users who are repeat infringers. The Company's designated copyright agent for notice of claims of infringement is reachable at [email protected].
15. Links to Other Websites
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on any such content, goods, or services. We strongly advise You to read the terms and privacy policies of any third-party websites or services You visit.
16. Termination
You may cancel as described in the Subscriptions section. The Company may terminate or suspend Your Account, without prior notice or liability, for any material breach of these Terms, including any violation of the Acceptable Use section, or for any conduct that the Company reasonably believes exposes the Company, the Service, or other customers to legal liability or risk. Upon termination, Your right to use the Service will cease immediately. After a Subscription ends, the Account becomes read-only and You retain the ability to export Your data for a reasonable period before deletion. All provisions of these Terms which by their nature should survive termination — including, without limitation, ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute-resolution provisions — shall survive termination.
17. Support
Support is provided by email at [email protected]. We aim to respond within 2 business days. This is a non-binding goal, not a service-level commitment.
18. Governing Law
The laws of the State of Washington, United States, excluding its conflict-of-law rules, govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
19. Dispute Resolution; Binding Arbitration and Class-Action Waiver
Please read this section carefully. It requires You and the Company to resolve most disputes through binding individual arbitration and waives Your right to a jury trial and to participate in a class or representative action.
Informal resolution first
If You have any concern or dispute arising out of or relating to these Terms or the Service, You agree to first try to resolve it informally by sending a written description of the dispute to the Company at [email protected]. You and the Company agree to negotiate in good faith for at least 30 days from that notice. This informal-resolution step is a condition precedent to commencing arbitration.
Agreement to arbitrate
If the dispute is not resolved within that 30-day period, You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be settled by binding, individual arbitration, rather than in court, except as provided in "Exceptions" below. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.); the substantive law of the State of Washington governs the underlying claims. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, by mutual agreement of the parties, by JAMS under its comparable rules). The arbitration will be seated in Spokane County, Washington, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action and jury-trial waiver
You and the Company agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. You and the Company each waive any right to a trial by jury on any claim subject to this section.
Exceptions
Nothing in this section prevents either party from (i) bringing an individual claim in small-claims court for disputes within that court's jurisdiction, or (ii) seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights or the security or integrity of its data or systems (including to enforce the Acceptable Use section). For any claim not subject to arbitration, and for any proceeding to compel arbitration or enforce an award, the exclusive venue is the state or federal courts located in Spokane County, Washington, and You irrevocably consent to the personal jurisdiction of those courts and waive any objection to venue there.
30-day right to opt out
You may opt out of this "Binding Arbitration and Class-Action Waiver" section within 30 days of first accepting these Terms by emailing [email protected] with Your account name and a clear statement that You are opting out of arbitration. Opting out will not affect any other part of these Terms, and the courts of Spokane County, Washington will then be the venue for Your disputes.
Severability of this section
If the class-action, collective, or representative-action waiver above is held to be unenforceable as to a particular dispute, then that dispute (and only that dispute) will be severed from arbitration and proceed in the state or federal courts located in Spokane County, Washington. The remainder of this section will otherwise remain in full force and effect.
20. United States Legal Compliance
You represent and warrant that (i) You are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.
21. United States Federal Government End Use
If You are a U.S. federal government end user, 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," and is provided to the U.S. Government only with those rights granted to all other users under these Terms.
22. Assignment
You may not assign or transfer these Terms, or any of Your rights or obligations under them, without the Company's prior written consent, and any attempted assignment in violation of this section is void. The Company may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
23. Force Majeure
The Company will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, epidemic or pandemic, power or telecommunications failures, internet or hosting-provider outages, denial-of-service attacks, or the acts or omissions of third-party service providers.
24. Entire Agreement; Notices; No Waiver
These Terms, together with the Privacy Policy and the Disclaimer, constitute the entire agreement between You and the Company regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, on that subject. The Company may provide notices to You by email to the address associated with Your Account or by posting within the Service; You may provide notice to the Company at [email protected]. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between the parties. There are no third-party beneficiaries to these Terms.
25. Severability and Waiver
If any provision of these Terms is held unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Except as provided in these Terms, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any later time, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
26. Changes to These Terms
The Company may modify or replace these Terms at any time in its sole discretion; the "Last updated" date above identifies the current version. If a revision is material, the Company will make reasonable efforts to notify account owners by email at least 30 days before the changes take effect. What constitutes a material change is determined at the Company's sole discretion. By continuing to access or use the Service after revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, You must stop using the Service.
27. Contact Us
Pacific Dev Labs LLC, d/b/a CrewMix — Spokane, Washington, USA.
[email protected]