Terms of service

Effective date: [EFFECTIVE DATE]

These Terms of Service (“Terms”) are a legal agreement between [LEGAL ENTITY NAME] (“AVJAEMS, ” “we,” “us”), [MAILING ADDRESS], and the company or organization that creates an account (“Customer,” “you”). They govern access to and use of AVJAEMS (Audio Visual Jobs and Employment Management System), including the web application, mobile/offline client, and related services (the “Service”), available at avjaems.com and its subdomains.

By creating an account, clicking “I agree,” or using the Service, Customer accepts these Terms on behalf of itself and everyone it authorizes to use the Service. If you don't agree, don't use the Service.

1. Accounts, owners and admins

Customer designates at least one account with organization-owner privileges when it signs up. The owner (and any admin the owner authorizes) controls who else may access the organization's account, what roles and permissions they hold, and which features are enabled. Customer is responsible for all activity under its account, for keeping login credentials confidential, and for promptly notifying us of any suspected unauthorized access at [SUPPORT EMAIL].

2. Customer's responsibility for worker data and compliance

The Service lets Customer invite, manage and pay workers (W-2 employees and 1099 independent contractors) through a crew portal. Customer is solely responsible for the accuracy of worker profiles, rates, schedules, time entries, and tax and compliance documents (including Forms W-9) it or its workers enter.

Worker classification. Customer is solely responsible for correctly classifying each worker as an employee or independent contractor under applicable federal, state and local law, and for the legal, tax and regulatory consequences of that classification. AVJAEMS does not provide legal, tax or HR advice, and features that let Customer label a worker “W-2” or “1099” are administrative labels only.

Wage, hour and tax compliance. Customer is solely responsible for compliance with wage and hour laws (minimum wage, overtime, meal and rest breaks, pay frequency), for withholding and remitting applicable taxes, and for all other obligations Customer has as an employer or as a payer of independent contractors. Time tracking and reporting features help Customer keep records; they don't substitute for Customer's own compliance review.

Customer represents that it has all rights and consents needed to provide its workers' personal information to AVJAEMS and to have that information processed as described in the Privacy Policy and, where applicable, the Data Processing Addendum.

3. Payroll (when enabled)

Payroll processing, when enabled, is provided through a third-party embedded payroll provider (for example Check or Gusto Embedded) under that provider's own terms, which Customer must separately accept. AVJAEMS integrates with the provider's platform but does not itself process payroll or act as an employer of record. Social Security numbers, bank account and routing numbers, and other payroll-specific sensitive data are collected and stored by the payroll provider, not by AVJAEMS. Customer remains responsible for reviewing and approving payroll runs and for its obligations as an employer.

4. Acceptable use

Customer will not, and will not permit its workers or other users to: access data belonging to another organization; reverse engineer the Service; probe or interfere with the Service's operation or other tenants; upload malicious or infringing content; use the Service to violate wage-and-hour, tax, or employment-classification law; resell or sublicense the Service to third parties; or exceed reasonable usage limits to disrupt the Service for others. See the separate Acceptable Use Policy, incorporated here by reference.

5. Fees, trials and renewal

Fees are as set out on the pricing page, an order form, or a pilot agreement, and are due as invoiced. A free trial, if offered, lasts [TRIAL LENGTH]. Paid subscriptions automatically renew for successive terms equal to the prior term unless either party gives notice of non-renewal at least [NOTICE PERIOD] before the renewal date. Fees are exclusive of taxes, which Customer is responsible for other than taxes on AVJAEMS's net income. Late payments may be subject to a service charge of [LATE FEE] and may result in suspension.

6. Suspension, termination, export and deletion

We may suspend access, with notice where practicable, for material overdue fees, material breach, to prevent harm, or as required by law. Either party may terminate for the other's uncured material breach on [CURE PERIOD] notice; Customer may cancel at any time from within the product. Customer may export its organization's data at any time while active, and for 90 days after cancellation. After cancellation, Customer's data is retained for 90 days, after which the organization and its data are permanently deleted, other than limited records we must keep for legal or accounting purposes. Files marked deleted within the product are permanently removed after a shorter internal window (currently 30 days).

7. Intellectual property

AVJAEMS and its licensors own the Service. These Terms grant Customer a limited, non-exclusive, non-transferable right to use the Service during the subscription term for its internal business purposes. Customer retains all rights to the data it and its workers submit (“Customer Data”), and grants AVJAEMS a limited license to host and process it solely to provide the Service.

8. Feedback

If Customer or its users provide suggestions or feedback, AVJAEMS may use it without restriction or obligation to Customer, and without owing Customer compensation.

9. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms. Customer Data is Customer's confidential information; non-public information about the Service (pricing, security practices, roadmap) is AVJAEMS's confidential information.

10. Warranty disclaimer

Except as expressly stated in these Terms, the Service is provided “as is” and “as available,” without warranties of any kind, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it satisfies any particular regulatory or tax requirement applicable to Customer's business.

11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill. Each party's total liability arising out of these Terms will not exceed the fees Customer actually paid to AVJAEMS in the twelve (12) months before the event giving rise to the claim. These limits don't apply to indemnification obligations, Customer's payment obligations, gross negligence or willful misconduct, or trade-secret confidentiality breaches, to the extent not permitted by law.

12. Indemnification

AVJAEMS will defend Customer against a third-party claim that the Service, as provided and used in accordance with these Terms, infringes that party's U.S. intellectual property rights. Customer will defend AVJAEMS against a third-party claim arising from Customer Data (including worker data) or Customer's or its workers' violation of these Terms, applicable law, or a third party's rights — including worker-classification, wage-and-hour, or tax-compliance claims brought against AVJAEMS.

13. Beta and pilot features

Features labeled “beta,” “preview,” “early access,” or provided under a pilot or founding-customer agreement are provided “as is,” without warranty, and may change or be discontinued at any time.

14. Changes to these Terms

We may update these Terms from time to time. For material changes, we will provide notice at least [NOTICE PERIOD] before the change takes effect. Continued use after the effective date constitutes acceptance.

15. Governing law and venue

These Terms are governed by the laws of the State of [GOVERNING STATE — default: Arizona; confirm with counsel], without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY], Arizona, except that either party may seek injunctive relief in any court of competent jurisdiction.

16. Notices

Notices to AVJAEMS must be sent to [SUPPORT EMAIL] and [MAILING ADDRESS]. Notices to Customer will be sent to the organization owner's email address on file.

17. Miscellaneous

These Terms, any order form, the Privacy Policy, and (if applicable) a Data Processing Addendum are the entire agreement between the parties regarding the Service. If any provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets.