CrewUp Terms of Service

These Terms of Service ("Terms") govern access to and use of crewupapp.co; CrewUp web, mobile, and desktop applications; CrewUp accounts, marketplace, community, verification, subscription, payment, support, API, event, and integration features; and any other service that links to these Terms (collectively, the "Services"). The Services are provided by Robb Building Materials, LLC, doing business as CrewUp ("CrewUp," "we," "us," or "our").

By creating an account, clicking to accept, purchasing a subscription, downloading an application, accessing an API, or otherwise using the Services, you agree to these Terms and acknowledge the CrewUp Privacy Policy. If you do not agree, do not access or use the Services. If you use the Services for a company or other organization, "you" includes both you and that organization, and you represent that you have authority to bind it.

Additional terms may apply to a subscription, enterprise deployment, event, promotion, payment feature, API, integration, verification service, beta feature, or mobile application. If additional terms conflict with these Terms, the additional terms control for the applicable feature. A separately signed agreement with CrewUp controls to the extent it expressly conflicts with these Terms.

• You must be at least 18 years old and legally capable of entering a binding contract.
• You may not use the Services if applicable law prohibits you from doing so or if CrewUp previously suspended or terminated you for misconduct, unless CrewUp gives written permission.
• If you act for a business, you represent that the business is validly organized where required, that the information you provide is accurate, and that you have authority to act for it.
• You must satisfy any professional, licensing, insurance, bonding, registration, work-authorization, or other legal requirement applicable to your activities. Access to CrewUp does not establish that you are qualified to perform any work.

CrewUp provides technology that helps general contractors, subcontractors, suppliers, vendors, consultants, project owners, and other construction professionals discover one another, publish and evaluate opportunities, communicate, organize information, and form professional relationships. Unless CrewUp expressly signs a separate contract as a party, CrewUp is not a party to any proposal, bid, construction contract, subcontract, purchase order, employment arrangement, joint venture, payment obligation, or other agreement between users.

CrewUp is not a general contractor, subcontractor, architect, engineer, construction manager, employer, staffing agency, labor union, insurer, surety, escrow agent, bank, broker, fiduciary, legal adviser, tax adviser, or safety consultant. CrewUp does not direct or control the manner, means, schedule, location, supervision, or quality of work performed by users. No agency, partnership, employment, franchise, fiduciary, or joint-venture relationship is created between CrewUp and any user by these Terms or use of the Services.

• Accurate information. Provide complete and current registration, contact, company, billing, and professional information, and promptly update it when it changes.
• Account control. Keep passwords, verification codes, API keys, access tokens, and devices confidential. Do not share a personal login or allow unauthorized access.
• Responsibility. You are responsible for activity under your account, including actions taken by persons you authorize, except to the extent applicable law provides otherwise.
• Security notices. Promptly notify CrewUp of suspected compromise, unauthorized access, credential disclosure, impersonation, or other security concerns. CrewUp may require password resets, multi-factor authentication, re-verification, or other safeguards.
• One person, one identity. Do not create deceptive, duplicate, synthetic, or proxy identities or use another person's account without authorization.

CrewUp may rely on instructions received through an authenticated account. CrewUp is not responsible for loss caused by your failure to protect credentials or promptly report compromise, except where liability cannot be excluded by law.

A company account may allow one or more administrators to invite users, assign roles, configure permissions, manage subscriptions, access organization content, connect integrations, and control or close the workspace. An administrator represents that the administrator is authorized to act for the organization and to provide CrewUp with information about invited users.

If you join an organization account, the organization and its administrators may access, manage, export, retain, restrict, or delete information associated with that workspace, subject to feature settings and applicable law. CrewUp may follow instructions from an authorized administrator regarding organization-controlled data. Disputes about an administrator's authority are primarily between the organization and the affected user.

Organizations are responsible for assigning appropriate permissions, removing users who no longer require access, reviewing audit activity, and ensuring that their collection and use of team-member information is lawful.

You may publish a professional or company profile containing business descriptions, trades, service areas, qualifications, credentials, portfolio items, equipment, team information, past performance, availability, references, certifications, and other content. You are responsible for ensuring that this information is accurate, not misleading, current, and lawfully provided.

• Do not claim a license, certification, insurance policy, bond, award, affiliation, disadvantaged-business status, union status, safety rating, project history, or other qualification that you do not validly hold.
• Do not imply that CrewUp endorses, employs, certifies, guarantees, or sponsors you unless CrewUp has expressly authorized the statement in writing.
• Respect visibility settings. Information labeled public may be visible to anyone and indexed by search engines; members-only information may be visible to registered users.
• Do not publish private home addresses, access codes, financial credentials, government identifiers, confidential plans, trade secrets, or other unnecessary sensitive information.

CrewUp may edit formatting, categorize content, correct obvious technical errors, request substantiation, add disclosure labels, or remove information that violates these Terms. CrewUp is not obligated to independently verify every profile statement.

Users may post projects or opportunities, invite potential counterparties, submit bids or proposals, compare responses, communicate, shortlist users, and record an award or project status. The posting user is responsible for the completeness and legality of a project description, including scope, location, schedule, budget, plans, specifications, trade requirements, site conditions, and eligibility criteria.

• A project post is not an offer by CrewUp and does not guarantee that a contract will be awarded.
• A bid or proposal is submitted by the user, not CrewUp. The submitting user is responsible for pricing, assumptions, exclusions, quantities, schedule, taxes, labor, materials, permits, and legal compliance.
• Users must not engage in bid rigging, collusion, price fixing, market allocation, kickbacks, bribery, false certifications, sham bidding, or other anticompetitive or unlawful conduct.
• Users must maintain confidentiality of nonpublic invitations, plans, specifications, pricing, proposals, and project information and use them only for the permitted business purpose.
• Users should execute an appropriate written agreement outside or through an enabled CrewUp feature before work begins. CrewUp does not supply legal advice or guarantee that a template is suitable.

A status indicator, acceptance click, shortlist, or message within CrewUp may create obligations between users depending on their communications and applicable law. Users are responsible for understanding when they have formed a binding contract. CrewUp is not responsible for interpreting or enforcing a user-to-user agreement.

Each user independently decides whether to pursue, accept, supervise, perform, or pay for work. Users are solely responsible for worker classification, hiring, onboarding, payroll, taxes, benefits, wage-and-hour compliance, immigration and work authorization, workers' compensation, unemployment insurance, collective-bargaining obligations, and employment records.

CrewUp does not employ, jointly employ, dispatch, supervise, or control contractors or their personnel merely by operating the Services. No user may state or imply that CrewUp is the employer, co-employer, guarantor, or payroll provider for a project unless a separate written agreement expressly says so.

Users are responsible for all licenses, registrations, permits, bonds, insurance, training, certifications, inspections, notices, safety programs, and professional supervision required for their business and each project. This includes, where applicable, occupational safety, environmental, building code, public works, prevailing wage, certified payroll, procurement, accessibility, anti-discrimination, and consumer-protection requirements.

Project owners and hiring contractors are responsible for evaluating jobsite hazards, site access, supervision, safety planning, emergency procedures, insurance limits, contractual risk transfer, and compliance by lower-tier parties. CrewUp does not inspect jobsites, control safety, or provide emergency services. In an emergency, contact local emergency services, not CrewUp.

For government or public projects, users are solely responsible for confirming solicitation requirements, responsibility determinations, representations and certifications, small-business or socioeconomic status, exclusions, debarment, lobbying restrictions, domestic-preference rules, prevailing wages, and other procurement obligations. CrewUp does not guarantee eligibility for a government award.

CrewUp may offer identity, business-registration, license, insurance, sanctions, credential, or background-verification features. Verification may be performed by CrewUp, an automated source, a public database, or a third-party provider. A badge or status shows only that a defined check was completed using information available at a particular time; it is not an endorsement, guarantee, warranty, or substitute for due diligence.

Verification information may be incomplete, delayed, inaccurate, revoked, expired, or affected by name variations and source limitations. Users must keep credentials current and disclose material changes. CrewUp may remove a badge, request re-verification, or restrict an account at any time.

If a feature uses a consumer report or background check governed by the Fair Credit Reporting Act or similar law, separate disclosures, authorizations, and procedures may apply. Ordinary profiles, ratings, and platform activity are not represented as consumer reports unless CrewUp expressly states otherwise.

CrewUp may provide direct messaging, group communications, forums, comments, reviews, ratings, reports, and other community features. You are responsible for what you communicate and must use these features professionally and lawfully.

• Reviews must reflect a genuine, relevant experience and must not be purchased, fabricated, retaliatory, coercive, defamatory, or manipulated.
• Do not publish confidential information, personal data unrelated to the transaction, discriminatory content, threats, harassment, obscenity, malware, spam, or unlawful solicitations.
• Do not use messaging for unsolicited bulk marketing, lead harvesting, phishing, credential requests, or attempts to evade platform safeguards.
• Reports of misconduct must be made in good faith. Knowingly false reports may result in suspension or termination.

CrewUp may, but is not required to, monitor, moderate, preserve, restrict, remove, or disclose communications or content when reasonably necessary to operate the Services, enforce these Terms, investigate misconduct, protect users, or comply with law. CrewUp does not guarantee pre-screening or immediate removal of objectionable content.

"User Content" includes profiles, company information, projects, bids, proposals, messages, documents, plans, images, videos, reviews, posts, comments, feedback, and other material submitted through the Services. You retain ownership of User Content to the extent you own it. You represent that you have all rights, permissions, and lawful bases necessary to submit it and grant the licenses below.

You grant CrewUp and its service providers a worldwide, nonexclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, format, transmit, display, modify for technical purposes, and otherwise use User Content as reasonably necessary to provide, secure, support, improve, and promote the Services. For private messages, bids, proposals, and documents, the license is limited to operating the applicable feature, complying with law, preventing harm, and enforcing rights. For content you make public, the license also permits public display and reasonable promotion of the Services.

The license lasts while the content is hosted and for a reasonable period afterward for backups, dispute records, legal compliance, and content already shared or incorporated into the Services. Deletion does not require CrewUp to retrieve copies made by other users. To the extent permitted by law, you waive moral rights only as necessary for the licensed uses.

If you provide ideas, suggestions, feature requests, or feedback, CrewUp may use them without restriction or compensation, and you assign to CrewUp any rights necessary for that use.

You may use the Services only for lawful professional and business purposes consistent with these Terms. You may not, and may not help another person to:

• Violate a law, regulation, court order, professional duty, contract, or another person's rights.
• Misrepresent identity, authority, qualifications, credentials, insurance, experience, project facts, pricing, availability, affiliations, or intentions.
• Discriminate unlawfully or use protected characteristics to make an unlawful hiring, contracting, housing, credit, or service decision.
• Harass, threaten, stalk, exploit, defame, intimidate, or endanger another person.
• Upload malware, ransomware, destructive code, credential-stealing code, or content designed to disrupt or gain unauthorized access.
• Probe, scan, test, bypass, defeat, or interfere with authentication, permissions, rate limits, row-level security, access controls, encryption, or other safeguards.
• Scrape, crawl, index, harvest, mirror, download in bulk, or use automated means to access the Services except through an authorized API and in accordance with applicable limits.
• Reverse engineer, decompile, disassemble, decode, copy, modify, or create derivative works from the Services except where the restriction is prohibited by law.
• Train, fine-tune, evaluate, or supply an AI or machine-learning system with CrewUp data or User Content without written permission and all required rights.
• Sell, rent, sublicense, syndicate, republish, or commercially exploit marketplace data except as expressly allowed.
• Send spam, chain messages, pyramid promotions, deceptive advertising, or communications that violate marketing or telecommunication laws.
• Manipulate rankings, reviews, referrals, searches, metrics, fees, subscriptions, billing, or verification systems.
• Use the Services to facilitate theft, fraud, bribery, money laundering, sanctions evasion, trafficking, unsafe work, or another illegal activity.
• Access another user's account or confidential content without authorization.
• Use CrewUp branding, trademarks, domains, or interface elements in a way that implies endorsement or causes confusion.

14.1 Plans and fees

CrewUp may offer free and paid plans with different limits and features. Current prices, billing intervals, included features, usage limits, and taxes are shown at purchase or in an order form. CrewUp may correct pricing errors and may decline or cancel an order affected by an obvious error, with an appropriate refund of amounts actually paid for the canceled period.

14.2 Automatic renewal

Unless the order states otherwise, a paid subscription automatically renews for successive periods equal to the initial billing period until canceled. By purchasing, you authorize CrewUp and its payment processor to charge the payment method on file for recurring fees, applicable taxes, usage charges, and disclosed add-ons. CrewUp will obtain consent and provide renewal or price notices where required by law.

14.3 Trials and promotions

A free trial or promotional period may convert to a paid subscription at the disclosed price unless canceled before the conversion date. Eligibility, duration, feature limits, and conversion terms will be disclosed at enrollment. CrewUp may limit one trial per person, company, payment method, or household and may end abuse of a promotion.

14.4 Cancellation

You may cancel a self-service subscription through the available account or billing settings or another method disclosed at purchase. Enterprise or negotiated subscriptions may require notice under the applicable order form. Cancellation stops future renewal and generally takes effect at the end of the current paid period. You retain access through that period unless the account is terminated for cause or the order states otherwise.

14.5 Price changes, taxes, and nonpayment

CrewUp may change prices for a future renewal period after giving notice required by law or contract. Fees exclude applicable sales, use, value-added, withholding, or similar taxes unless stated otherwise. You are responsible for taxes associated with your purchase, except taxes on CrewUp's net income. CrewUp may suspend paid features for failed, reversed, disputed, or overdue charges after any required notice.

14.6 Refunds

Except where required by law or expressly stated in an order, promotion, or refund policy, fees are nonrefundable and CrewUp does not provide credits for partial periods, unused features, downgraded accounts, or deleted content. This provision does not limit rights that cannot lawfully be waived.

If CrewUp enables payments, invoicing, deposits, payouts, or transaction records between users, the feature may be provided through a payment processor and governed by additional terms. CrewUp may receive payment status and limited transaction information but does not necessarily hold funds or guarantee payment.

Users are responsible for agreeing on price, scope, milestones, retainage, change orders, lien waivers, taxes, payment timing, chargebacks, and dispute procedures. CrewUp is not responsible for nonpayment, underpayment, overpayment, defective work, liens, claims, or insolvency of another user. Users are responsible for reporting and paying their own income, payroll, sales, use, excise, and other taxes.

CrewUp may assist communication or request information about a dispute, but is not obligated to mediate or decide it. Any platform decision concerning access, payment processing, or account status does not determine the legal rights of the parties under their contract.

You consent to receive agreements, disclosures, receipts, notices, records, and other communications electronically through the Services, email, or another electronic method associated with your account. You agree that electronic records and signatures satisfy legal requirements for written communications and signatures to the extent permitted by law.

Keep your email address and contact information current and retain copies of important records. You may withdraw consent to electronic delivery by contacting CrewUp, but withdrawal may require account closure if electronic delivery is necessary to provide the Services. Withdrawal does not affect the validity of records previously delivered or signed electronically.

Service messages about security, transactions, projects, bids, account changes, or legal notices are not marketing messages and may be sent while your account is active. Marketing email, SMS, and push-notification choices are described in the Privacy Policy and applicable consent prompt.

The Services, including software, source and object code, design, interface, databases, taxonomies, workflows, documentation, text, graphics, logos, trademarks, service marks, and CrewUp-created content, are owned by CrewUp or its licensors and protected by intellectual-property and other laws. Except for the limited license below, no right is granted by implication, estoppel, or otherwise.

Subject to these Terms, CrewUp grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Services for your internal professional or business purposes during the applicable account or subscription term. You may not remove proprietary notices, use CrewUp marks without permission, or exploit the Services beyond the rights expressly granted.

CrewUp may provide documentation, templates, checklists, or suggested language for convenience. Unless expressly stated, those materials are general information and not legal, engineering, accounting, safety, insurance, tax, or other professional advice.

CrewUp respects intellectual-property rights and may remove or restrict content that it reasonably believes infringes another person's rights. A copyright owner or authorized agent may submit a notice under the Digital Millennium Copyright Act ("DMCA") containing:

1. A physical or electronic signature of the copyright owner or authorized agent.
2. Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are covered.
3. Identification of the allegedly infringing material and information reasonably sufficient for CrewUp to locate it.
4. The claimant's name, mailing address, telephone number, and email address.
5. A statement of good-faith belief that the disputed use is not authorized by the owner, agent, or law.
6. A statement, under penalty of perjury, that the notice is accurate and the claimant is authorized to act.

Send copyright notices to: Copyright Agent, Robb Building Materials, LLC d/b/a CrewUp, 14506 243rd Street, Rosedale, NY 11422; email: copyright@crewupapp.co; telephone: +1 315-277-3691.

A user whose content was removed may submit a legally sufficient counter-notification identifying the removed material and its former location, consenting to the jurisdiction required by the DMCA, agreeing to accept service of process from the claimant, and stating under penalty of perjury a good-faith belief that removal resulted from mistake or misidentification. CrewUp may restore material as permitted by law. Knowingly false notices or counter-notices may create liability. CrewUp may terminate repeat infringers in appropriate circumstances.

The CrewUp Privacy Policy explains how CrewUp collects, uses, discloses, retains, and protects personal information. By using the Services, you acknowledge that policy. If you process another person's information through CrewUp, you are responsible for providing required notices, obtaining required consents, honoring applicable rights, limiting access, maintaining security, and otherwise complying with privacy and data-protection laws.

An enterprise customer and CrewUp may enter into a data processing addendum. If CrewUp processes customer-controlled personal data as a processor or service provider, the applicable data processing addendum and order form control that processing.

CrewUp does not automatically create a nondisclosure agreement between users. A confidentiality label, private setting, or restricted workspace controls platform visibility but does not by itself establish every legal obligation the parties may require. Users should sign an appropriate nondisclosure or project agreement before exchanging trade secrets, sensitive plans, pricing, customer information, security details, or other confidential information.

A recipient must not use or disclose another user's nonpublic information outside the purpose for which it was shared, except with permission or as required by law. CrewUp is not liable for a recipient's breach of confidentiality or for copies made outside the Services.

The Services may integrate with or link to identity providers, payment processors, mapping tools, calendars, file-storage services, analytics providers, social networks, business software, government databases, app stores, or other third parties. Third-party terms and privacy notices govern their services. CrewUp does not control and is not responsible for their content, availability, security, accuracy, or conduct.

When you authorize an integration, you direct CrewUp to exchange information with it. You are responsible for permissions and lawful use. Disconnecting an integration may stop future exchange but may not delete previously transferred information. CrewUp may suspend an integration that creates security, legal, or operational risk.

Access to a CrewUp API, SSO feature, white-label portal, custom integration, or enterprise tool may require an order form or developer terms. You must protect credentials, obey documentation and rate limits, request only authorized data, maintain accurate security controls, and stop using an API when authorization ends.

CrewUp may monitor API use, rotate credentials, impose limits, modify endpoints, deprecate versions, or suspend access to protect the Services. You may not use an API to recreate a competing marketplace, aggregate or resell CrewUp data, surveil users, bypass user choices, or make eligibility decisions unlawfully.

CrewUp may offer automated search, matching, ranking, fraud detection, moderation, summarization, drafting, support, or other AI-assisted features. Outputs may be incomplete, inaccurate, biased, outdated, or unsuitable. You must review outputs and independently verify important facts. Do not rely on an output as legal, engineering, estimating, safety, employment, licensing, financial, or other professional advice.

Do not submit confidential, regulated, or sensitive information to an AI feature unless the feature specifically permits it and you have authority. You remain responsible for content you submit, decisions you make, and materials you publish or send.

A beta, pilot, preview, or experimental feature may be changed or discontinued at any time, may contain errors, and may not be suitable for production or safety-critical use. Unless a separate agreement says otherwise, beta features are provided without service levels, support commitments, or warranties.

You may stop using the Services at any time and may close an eligible account through available settings or by contacting CrewUp. Subscription cancellation is governed by Section 14. Organization administrators may remove team members or close an organization workspace, subject to legal and contractual restrictions.

CrewUp may investigate, limit visibility, remove content, decline a transaction, suspend features, restrict communications, revoke verification, freeze an integration, or suspend or terminate an account if CrewUp reasonably believes that:

• You violated these Terms, another applicable agreement, or law.
• Your conduct creates fraud, safety, security, legal, reputational, or operational risk.
• Information is inaccurate, misleading, unverifiable, expired, or improperly obtained.
• A payment is overdue, reversed, fraudulent, or disputed.
• A government, court, payment provider, app store, insurer, or other authorized party requires action.
• The account is inactive, compromised, duplicative, or used for abuse.
• Continuing the feature or Service is no longer commercially or technically feasible.

CrewUp will provide notice and an opportunity to respond where required by law or reasonably practicable, but may act immediately to prevent harm. Termination does not relieve accrued payment, indemnity, confidentiality, intellectual-property, dispute, or other surviving obligations. CrewUp may retain information as described in the Privacy Policy.

CrewUp does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components; that information, matches, rankings, credentials, reviews, estimates, bids, plans, or outputs are accurate or complete; that a user will obtain work, payment, personnel, profit, or a successful project; or that defects will be corrected. You assume the risk of using the Services and dealing with other users.

Some jurisdictions do not allow exclusion of certain warranties. In those jurisdictions, exclusions apply only to the extent permitted by law, and any required warranty is limited to the shortest period permitted.

26.1 Limitation of liability

To the maximum extent permitted by law, CrewUp and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, business, opportunity, data, goodwill, or anticipated savings; business interruption; cost of substitute services; or damages arising from user conduct, projects, jobsite events, payment disputes, data loss, security incidents, or reliance on content, even if advised of the possibility.

To the maximum extent permitted by law, the total aggregate liability of CrewUp and the other released parties for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) $100 or (b) the amount you paid directly to CrewUp for the Services giving rise to the claim during the 12 months before the event. This limit applies regardless of the theory of liability and in the aggregate, not per claim.

These limitations do not apply to liability that cannot lawfully be limited, which may include liability for intentional misconduct, gross negligence, or personal injury in some jurisdictions. The allocation of risk is an essential basis of the agreement.

26.2 Release of user-to-user claims

To the maximum extent permitted by law, you release CrewUp and the other released parties from claims arising from disputes or dealings between users, including work quality, payment, property damage, personal injury, employment, classification, licensing, safety, confidentiality, and contractual claims. If California law applies, you waive California Civil Code section 1542 and any similar law to the extent permitted, recognizing that unknown claims may exist.

26.3 Indemnification

If you use the Services for business purposes, you will defend, indemnify, and hold harmless CrewUp and its affiliates, officers, directors, employees, agents, licensors, and service providers from third-party claims, losses, liabilities, damages, judgments, penalties, fines, costs, and reasonable attorneys' fees arising from or relating to your User Content; projects, bids, proposals, work, contracts, payments, personnel, or jobsite activities; violation of these Terms or law; infringement or misappropriation of rights; or dispute with another user. CrewUp may control the defense with counsel of its choice, and you will cooperate. You may not settle a claim imposing liability or obligations on CrewUp without written consent.

27.1 Informal resolution first

Before filing arbitration or a lawsuit, the complaining party must send a written Notice of Dispute describing the claimant, account, contact information, facts, legal basis, requested relief, and a good-faith settlement demand. Send notices to legal@crewupapp.co and by mail to CrewUp Legal Department, Robb Building Materials, LLC d/b/a CrewUp, 14506 243rd Street, Rosedale, NY 11422. CrewUp will send its notice to the contact information associated with your account. The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt. Limitation periods are tolled during that period where law permits.

27.2 Agreement to arbitrate

If the dispute is not resolved, either party may require final and binding arbitration administered by the American Arbitration Association ("AAA") under its applicable Commercial Arbitration Rules or Consumer Arbitration Rules, as appropriate, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator has exclusive authority to resolve disputes about the interpretation, scope, enforceability, or formation of these Terms or the arbitration agreement, except that a court will decide disputes about the class-action waiver or a request for public injunctive relief where law requires.

Arbitration will be conducted by one neutral arbitrator. It may occur by documents, telephone, video, or in person in Queens County, New York, unless the applicable rules, law, or parties require another reasonably convenient location. The arbitrator may award the same individual remedies a court could award but may not award relief for persons who are not parties. Judgment on the award may be entered in a court with jurisdiction.

27.3 Fees

AAA rules govern filing and arbitration fees. If you are an individual using the Services for personal or household purposes and the law treats you as a consumer, CrewUp will pay fees it is required to pay under applicable law and AAA rules. The arbitrator may allocate fees and attorneys' fees where authorized by law, rule, or a valid contractual claim.

27.4 Exceptions

Either party may bring an individual claim in small claims court if it remains within that court's jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, accounts, security, or safety while arbitration is pending. A government agency may enforce rights within its authority.

27.5 Class and jury waivers

You and CrewUp agree that each may bring claims only in an individual capacity, not as a plaintiff, class member, private attorney general, or representative in a class, collective, consolidated, or representative proceeding. The arbitrator may not combine claims without all parties' written consent. To the extent a claim proceeds in court, each party waives trial by jury to the maximum extent permitted by law.

27.6 Arbitration opt-out

You may opt out of Sections 27.2 through 27.5 by sending an email to legal@crewupapp.co with the subject "Arbitration Opt-Out" within 30 days after you first accept these Terms. Include your full name, company name, account email, mailing address, and a clear statement that you opt out of arbitration. Opting out will not affect other Terms or your access to the Services. An opt-out applies only to the person or organization identified and not to later accounts unless separately submitted.

27.7 Changes to arbitration terms

If CrewUp makes a material change to this arbitration section, the change will not apply to a dispute for which a valid Notice of Dispute was received before the effective date of the change. You may reject a future material change by following the opt-out method within 30 days after notice; the prior arbitration provision will continue to govern.

These Terms and disputes not subject to arbitration are governed by the Federal Arbitration Act and, to the extent state law applies, the laws of the State of New York, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except for small claims and matters that may be brought elsewhere by law, the state and federal courts located in Queens County, New York have exclusive jurisdiction over disputes not subject to arbitration, and each party consents to personal jurisdiction and venue there. Mandatory consumer protections of your home jurisdiction remain applicable where they cannot be waived.

If you download a CrewUp app from Apple, Google, or another app marketplace, these Terms are between you and CrewUp, not the marketplace. CrewUp, not the marketplace, is responsible for the app, maintenance, support, and claims relating to the app, subject to these Terms. The marketplace has no warranty obligation and is not responsible for addressing product-liability, regulatory, consumer-protection, or intellectual-property claims.

You must comply with the marketplace's usage rules and terms. The marketplace and its subsidiaries are third-party beneficiaries of this section and may enforce it. If marketplace terms provide greater nonwaivable rights, those terms control to that extent.

The Services are operated from the United States and may not be appropriate or available in every location. You are responsible for compliance with local law. You may not access or use the Services in violation of U.S. export controls, sanctions, antiboycott laws, or trade restrictions, or for a prohibited end use.

You represent that you are not located in, ordinarily resident in, organized under the laws of, or controlled by a comprehensively sanctioned jurisdiction; are not identified on a prohibited-party list; and will not provide access to a prohibited person, except where authorized by law. CrewUp may screen users and restrict access to comply with trade laws.

CrewUp may modify, suspend, or discontinue a feature or the Services, including limits, storage, APIs, pricing, and supported integrations. CrewUp will provide notice where required by law or contract. If a paid Service is materially discontinued during a prepaid term, CrewUp may provide a pro rata refund or reasonable replacement unless discontinuation results from your breach, legal requirements, or events beyond CrewUp's control.

CrewUp may update these Terms. The updated Terms will state a new "Last updated" date and will be posted through the Services. For material changes, CrewUp will provide additional notice and request renewed acceptance where required. Changes apply prospectively from their effective date. If you do not agree, you must stop using the Services and cancel before the change applies.

• Entire agreement. These Terms, the Privacy Policy, applicable orders, and additional terms form the entire agreement about the Services and replace prior understandings on that subject.
• Order of precedence. A signed enterprise agreement or order controls over these Terms to the extent it expressly conflicts; feature-specific additional terms control for that feature.
• Assignment. You may not assign or transfer these Terms or an account without CrewUp's written consent. CrewUp may assign them to an affiliate or in connection with a merger, financing, reorganization, or transfer of assets.
• No third-party beneficiaries. Except for app marketplaces as stated in Section 29 and indemnified or released parties enforcing protections granted to them, these Terms create no third-party beneficiary rights.
• Severability. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective, except that Section 27 governs severability of the arbitration and class-waiver provisions.
• Waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the stated instance.
• Force majeure. CrewUp is not liable for delay or failure caused by events beyond reasonable control, including disasters, epidemics, labor disputes, war, terrorism, civil unrest, utility or internet failure, cyberattack, government action, or provider outage.
• Notices. CrewUp may send notices electronically to the account email, through the Services, or by mail. Legal notices to CrewUp must be sent to the address in Section 33 unless a specific section provides another method.
• Headings. Headings are for convenience and do not limit interpretation. "Including" means "including without limitation."
• Survival. Provisions that by their nature should survive termination will survive, including payment, ownership, confidentiality, licenses needed for retained content, disclaimers, liability limits, indemnity, dispute resolution, and general terms.

Questions about these Terms may be directed to:

For privacy requests, use privacy@crewupapp.co. For copyright notices, follow Section 18. Do not send passwords, complete payment-card numbers, Social Security numbers, or unredacted identity documents in ordinary email.

Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at +1 800-952-5210 or +1 916-445-1254. CrewUp's provider name, address, and telephone number appear in Section 33. Applicable charges are disclosed before purchase.