Crewtide Terms of Service

The short version. Crewtide is month to month and you can cancel any time. Your business data is yours, and you can export it whenever you like. If you stop paying, your account becomes read-only; nothing is deleted right away. Your domain and your online listings always belong to you. You're responsible for your own services and for having permission to message your customers. Disputes with businesses go to Florida courts, without a jury. This summary isn't part of the terms; the sections below are.

Part 1

Terms for businesses

Definitions. "Kinetic Coast", "we" and "us" mean Kinetic Coast Studios LLC. "Crewtide" means our booking, scheduling, messaging and customer-management service at crewtide.app, on <business>.crewtide.app addresses and on businesses' own domains. "Business" or "you" means the business that uses Crewtide, and "Staff" its owners, employees and contractors who use Crewtide for it. "Customer" means your own customer: someone who books, requests a quote, pays, or gets messages through your Crewtide pages. "Business Data" means data about your Customers, bookings, quotes, photos, messages and other content put into Crewtide by you or for you.

The Agreement is Parts 1 to 5 of this page, our Privacy Policy, and any order form you accept. Part 1 controls if it conflicts with Part 2. A written agreement signed by Kinetic Coast (for example, a design-partner agreement) controls over this page for the topics it covers.

1. Who's bound

The Business and its Staff accept the Agreement. The person who accepts confirms they have authority to bind the Business, and the Business is responsible for its Staff's use. Crewtide is a business service, not a consumer service; by using it, the Business confirms it uses Crewtide for business purposes.

2. Plans and prices

• The price you see at checkout is your price. Stripe's checkout page shows the price, the billing period and that it renews automatically before you pay, and you accept these terms there. Plans are billed monthly in advance and renew automatically until you cancel.
• Custom look. Styling your booking pages to match your own website is a US$99 one-time add-on, requested in Help & Support, and free for Businesses on the founding price and for Complete packages. We confirm the price before we start.
• Text messages. When texting becomes available, we'll show what your plan includes and the price of any extra texts before you turn it on, and we'll never charge for texts without your OK in Settings.
• Refunds. Fees already paid aren't refundable, including for partial months, except that we'll refund the unused part of a paid period if we end Crewtide or your access without cause, remove a major paid feature, or raise the price and you cancel before the increase takes effect, and except where the law requires a refund.
• Price changes. We'll email you at least 30 days before a price increase applies to you, and you can cancel before then. The founding price lock still applies.
• Taxes. Prices don't include sales tax. If tax applies, we'll show it at checkout and on the invoice.
• Your Customers' payments are yours. We take no cut of what your Customers pay you. If that ever changes, we'll give at least 30 days' notice and update these terms first.

3. Setup packages (Essentials and Complete)

Some Businesses also buy one-time setup work: Essentials (your Google Business Profile, review requests, listings on major maps and directories, and a before-and-after report) or Complete (Essentials plus a website). Each package is described in an order form you accept before work starts. The order form sets the scope and price, and these terms apply to every package:

1. Payment. Essentials is invoiced when we deliver the before-and-after report, due in 7 days. Complete is invoiced in two halves: a 50% deposit when you accept the order form (work starts once it's paid), and the balance when your website is live on your domain, due in 7 days. Invoices are sent and paid through Stripe. Anything on the list we couldn't finish isn't charged.
2. You approve before anything goes live. You see the website on a preview link, and changes to your listings, before we publish them.
3. We guarantee the work, not the results. We don't promise search rankings, reviews, bookings or revenue.
4. Your domain and accounts stay yours. Your domain is always registered in your own name and paid for by you; we never own it. Your Google, Apple, Bing, Facebook and Yelp listings are yours. We ask only for manager or DNS access, and we remove our access when you leave (you can also remove it yourself at any time).
5. Hosting (Complete). We host your website at no extra charge while you subscribe to Crewtide. Small text, photo and hours updates (up to about 30 minutes a month) are included while you subscribe; new pages or a redesign are quoted. Up to 2 rounds of revisions before launch are included.
6. Your website. Once the balance is paid, you may use, copy and change the published website (its pages, styles, your text and your photos) for your own business, anywhere. We keep our templates, build tools and Crewtide itself, and may reuse our general know-how and templates for other customers, but never your text, photos or brand.
7. Refunds. Fees for work that was delivered aren't refundable. A Complete deposit is refunded in full if you cancel before work starts; after that, we keep only the part that covers the work done and refund the rest.

4. Billing, the setup window and read-only mode

1. Subscribing. In Settings → Your Crewtide plan, an owner or admin taps Start subscription and pays on Stripe's checkout page. The first month is charged that day, then monthly on that date.
2. If the setup window ends without a subscription, your Business becomes read-only: your Staff and Customers can still see everything, but new bookings and changes are paused. Nothing is deleted, and subscribing unlocks it at once.
3. Failed payments. If a renewal fails, Stripe retries your card automatically for about a week while everything keeps working, and you'll get an email. If it still fails, your Business becomes read-only until the card is updated (Settings → Your Crewtide plan). Nothing is deleted.
4. What still works when read-only: reading and exporting your data, paying for Crewtide, account security, privacy requests, opt-outs, refunds to your Customers, and Help & Support. Your Customers can still view and cancel their bookings.
5. Cancelling. Cancel at any time from Settings → Your Crewtide plan. Your subscription runs to the end of the paid month, then your Business becomes read-only, and your data is kept as described in section 9.

5. Your responsibilities

You run your own business through Crewtide, so you're responsible for:

1. Your services and your Customer relationships: prices, bookings, cancellations, deposits, refunds, gift certificates, loyalty programs, tips, disputes, and the quality and safety of your work. Kinetic Coast isn't a party to any agreement between you and your Customers and isn't your agent.
2. Your Customer-facing terms and privacy notice. Crewtide shows a privacy notice and booking terms on your booking site, filled in from your settings. You're responsible for checking they fit your business and your state's laws, and for anything you add or change.
3. Your legal obligations, including licensing, consumer protection, tax, gift-card and loyalty-program laws, employment law for your Staff, and any privacy law that applies to your business.
4. Accurate information for payments and, once texting is available, carrier registration.
5. Your Staff accounts: who you give access to, their roles, and removing access promptly when someone leaves. Switching a Staff member to inactive blocks their access to Business Data, including their calendar feed.
6. Calendar feeds. Each Staff member's calendar feed is a private web address. Anyone who has it can see that person's jobs, including Customer names, phone numbers and addresses, so it should only be added to their own calendar.
7. Not putting sensitive data in Crewtide that it isn't designed for: health records, Social Security numbers, full card or bank numbers, driver's license numbers, or anything about children beyond what a booking needs.

6. Text messaging (when available)

Texting isn't available in Crewtide yet. When it launches, Crewtide will send texts on your behalf through our provider Twilio, from a phone number registered for your Business, and this section applies from the day texting is turned on for you. You are the sender of those messages for legal purposes and you control which messages are sent; we provide the technology. You agree to:

1. Get consent before texting. Send booking texts (confirmations, reminders, "on my way", reschedule and receipt messages) only to Customers who gave you their number for that booking or account and agreed to receive those texts. Crewtide's booking form collects this consent with an unchecked checkbox (Part 3).
2. Send marketing texts only with written consent. Promotional texts (offers, discounts, "we miss you" messages, review requests that include offers, newsletters) need the Customer's prior express written consent, given through a separate unchecked checkbox or another method that meets the law and that you can prove. Consent can't be a condition of booking. Crewtide won't offer marketing texts at launch; until it does, you may send only booking texts through Crewtide.
3. Honor opt-outs. Crewtide handles STOP (and END, CANCEL, UNSUBSCRIBE, QUIT, STOPALL) and HELP replies automatically. You must also honor opt-outs made any other reasonable way (in person, by email, by phone) by recording them in Crewtide within 24 hours, and in any case within the time the law requires. Don't re-add an opted-out number without new consent.
4. Respect quiet hours. Crewtide won't send marketing texts outside 8 a.m. to 8 p.m. in the Customer's time zone and limits how often they're sent, as Florida law and similar state laws require. Don't work around these limits.
5. Follow carrier and Twilio rules, including the CTIA Messaging Principles and Best Practices, the carriers' 10DLC rules, and Twilio's Acceptable Use and Messaging Policies: no prohibited content, no shared or purchased lists, no public link shorteners, no number cycling.
6. Name your Business in each message (Crewtide's templates do this), and text only US numbers.

Registration. We register with The Campaign Registry as a software provider and register your Business and its campaign through Twilio, using the information you give us. Carriers decide whether to approve registration and may block, filter or slow messages. We don't guarantee registration, delivery or delivery times. Suspension. We may pause your texting at once if a carrier, Twilio or a regulator flags it, if opt-out or complaint rates are high, or if we reasonably believe you're breaking this section.

7. Email and booking links

Crewtide sends booking email for you (confirmations, reminders, reschedule and cancellation notices, quotes and review requests) through our provider Resend, from Crewtide's address or, on eligible plans, your own verified domain. Replies go to your Business's email address. You're the sender for legal purposes. For any marketing email, you must follow the CAN-SPAM Act: an accurate sender and subject, a working unsubscribe link honored within 10 business days, and your Business's postal address. Only use a domain you control.

Customer booking links. Booking emails include a private "View or change booking" link that lets the Customer see the booking and reschedule or cancel it within your rules (your cutoff times and reschedule limit) without signing in. Anyone who has the link can do the same, so each link is long, random and limited to one booking.

8. Payments

Your Customers' payments (Square). To take deposits, prepayments, tips or gift-card sales, you connect your own Square account. Payments go directly from your Customers to you under your agreement with Square (Block, Inc.), and you're the merchant of record. Square, not Kinetic Coast, receives and processes card details; Crewtide keeps only payment references (amount, status, Square's transaction id, and the card's last 4 digits and brand if Square provides them). You're responsible for your Square account, its fees, payouts, refunds, chargebacks, disputes and holds, and for your deposit and refund policies. We aren't responsible if Square is unavailable, holds funds or closes your account. Your Square connection is stored encrypted in Google Cloud Secret Manager, we never see your Square password, and only your active admins can change payment settings.

Your Crewtide subscription (Stripe). We bill Crewtide plans and package invoices through Stripe, Inc. Stripe stores your card or bank details; we see only the last 4 digits, the brand, your billing contact and the payment status.

9. Your data, exports and leaving

• You own Business Data. You control it, and we process it only on your instructions, as your service provider and processor, under the Data Processing Addendum (Part 5).
• One login per person. A person uses one Crewtide login at every business they deal with. We control the login itself (email, password or sign-in provider); you control your own Customer record for that person. You never see a person's other businesses or their records there.
• Export any time, even when read-only. Admins can download a spreadsheet (CSV) of every customer and lead (Admin → Customers → Export) and of bookings (Admin → Bookings). Each export is noted in your audit log. Photos and anything not in those files are sent on request through Help & Support.
• When you leave, your Business stays read-only and your data stays available to export for 12 months after your subscription ends, unless you ask us to delete it sooner. We email the owners 30 days before deletion. After that period, or within 30 days of your written request, we delete Business Data, and backups expire within 35 days after that, except records we must keep by law (for example, text-message consent and opt-out records, and our own billing records).
• Your website files (Complete). If you ask within 30 days after cancelling, we give you a download of your published website (pages, styles, images, your text and photos, with the booking buttons changed to your phone and email, and a short note on hosting it anywhere). After 30 days without a subscription, we take our hosted copy down, and we email you on the day the subscription ends, on day 20 and on day 30. Online booking stops when Crewtide does, because the booking buttons point to Crewtide.
• Your domain always stays yours. Leaving Crewtide never changes who owns it.
• Aggregated data. We may create and use de-identified, aggregated statistics (for example, average bookings per week across Crewtide) that don't identify you, any Customer or any person.

10. Help & Support

Admins can send us a problem report, feature request, custom-look request or question from Admin → Help & Support, with optional screenshots. Each request gets a ticket number, and you'll get an email when its status changes. Problem reports include technical details that help us find the problem (app version, screen, browser, your business and user ids, and the error report id), but not your Customers' details unless you type or attach them, so please don't attach screenshots showing Customer details unless the request needs them. We keep requests for 2 years after they're closed. We aim to reply within 2 business days; support is by email and Help & Support, with no guaranteed response time. How we can see Business Data while helping you is in Part 4.

11. "Powered by Crewtide"

Your booking site shows a small "Powered by Crewtide" credit. It stays on for every plan, unless a written agreement with us says otherwise.

12. Indemnity by the Business

In addition to section 14 of Part 2, the Business will defend, indemnify and hold harmless Kinetic Coast and its members, managers, employees and agents from all third-party claims, regulatory actions, carrier fines and pass-through penalties, and related losses and reasonable legal fees, arising from: (a) the Business's services, prices, bookings, payments, refunds, gift cards and loyalty programs; (b) messages sent for the Business, including claims under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, other state telemarketing laws or the CAN-SPAM Act, except to the extent caused by Crewtide failing to process a STOP reply it received or sending a message the Business didn't set up or trigger; (c) Business Data, including how the Business collected it and any missing consent or notice; (d) information the Business provided for carrier registration; and (e) the Business's Staff.

13. Liability

Section 13 of Part 2 applies, with these changes for Businesses: (a) the cap is the fees the Business paid us in the 12 months before the claim, or US$100 if that's more; (b) the cap and exclusions don't apply to the Business's payment obligations or its indemnity under section 12; and (c) for our breach of our data-security obligations in the Data Processing Addendum, the cap is the greater of two times the fees the Business paid us in the 12 months before the claim, or US$1,000. Package fees count as fees paid.

14. Disputes for Businesses

For Businesses, the arbitration agreement in section 16 of Part 2 doesn't apply. Instead:

1. Talk first. Each side gives the other written notice and tries to resolve the dispute for 30 days.
2. Courts. Disputes go exclusively to the state courts in Pinellas County, Florida, or the United States District Court for the Middle District of Florida (Tampa Division), under Florida law, and each side consents to their jurisdiction. Either side may bring a qualifying claim in small-claims court.
3. Individual claims only. To the extent the law allows, claims may be brought only individually, not as a class or representative action.
4. Jury waiver. Each party knowingly and voluntarily waives any right to a trial by jury in any dispute arising out of or relating to the Agreement or Crewtide.
5. Attorneys' fees. In a court action to enforce the Agreement, the prevailing party may recover reasonable attorneys' fees and costs.

15. Accepting these terms

A Business accepts these terms when its owner ticks the box agreeing to the Crewtide Terms and Data Processing Addendum on behalf of the Business, either when joining the Business in Crewtide or at Stripe's checkout page. We keep a record of the version, the date and time, and who accepted. When we make a material change, admins are asked to review and accept the new version.

Part 2

General terms

These general terms apply to everyone who uses Crewtide: Businesses and their Staff, and Customers who book or keep an account through a Business's Crewtide pages. For Businesses, Part 1 adds to them and controls where it differs. A Business's own booking terms, shown on its booking site, govern the service the Business provides to its Customers; Kinetic Coast isn't a party to them.

Section 16 contains an agreement between Customers and Kinetic Coast to resolve disputes by individual arbitration, with a waiver of class actions and jury trials. You can opt out within 30 days (section 16.7). It doesn't apply to Businesses.

1. Who we are

Crewtide is operated by Kinetic Coast Studios LLC, a Florida limited liability company, 7901 4th St N, Ste 300, St. Petersburg, FL 33702. By creating an account, ticking a box that says you agree, or using Crewtide, you accept these terms. If you don't agree, don't use Crewtide. If you accept for a business, you confirm you have authority to bind it.

2. Eligibility

You must be at least 18 and able to form a binding contract to create a Crewtide account. Crewtide is for use in the United States only, and not by anyone barred from it under US law or on a US sanctions list. It isn't for children under 13.

3. Accounts and security

• Give accurate information and keep it current. Keep your password and sign-in methods private. You're responsible for activity under your account, unless it results from our failure to use reasonable security.
• Tell us at contact@crewtide.app if you think your account has been used without permission.
• One person, one login; it works at every business you deal with through Crewtide.
• We may ask you to sign in again or confirm your email before sensitive actions, such as deleting an account.

4. Fees

Customers never pay Kinetic Coast for using Crewtide; what you pay a business is between you and that business. Business plans and fees are in Part 1. Payment processors (Stripe for Crewtide plans, Square for a business's own payments) handle card details under their own terms, and we don't store full card numbers.

5. Acceptable use

You will not use Crewtide to:

1. break any law or anyone's rights, including privacy, consumer-protection, anti-spam, telemarketing and intellectual-property laws;
2. harass, threaten, stalk, defame, deceive or harm anyone;
3. upload anything that sexually exploits or endangers minors (we report apparent child sexual exploitation to the National Center for Missing & Exploited Children as federal law requires);
4. message people who haven't agreed to it, or keep messaging people who opted out;
5. upload malware, or probe, scan or test Crewtide's security without our written permission (but see "Security research" below);
6. access another person's or business's data, or get around access controls, limits or other safeguards;
7. scrape, copy, resell or frame Crewtide, or access it by automated means, except through features we provide for that;
8. reverse-engineer Crewtide, except where the law allows it despite this term;
9. overload or disrupt Crewtide or the networks it relies on;
10. impersonate anyone or misrepresent your connection to anyone; or
11. build a competing product, or use Crewtide's output to train an AI model.

Security research. If you find a vulnerability, please tell us at contact@crewtide.app before disclosing it publicly, and don't access more data than needed to show the problem. We won't pursue legal action against good-faith research that follows this paragraph.

6. Your content

• You own your content: what you or people you authorize put into Crewtide, such as text, photos, files, messages and records.
• The permission you give us. You give Kinetic Coast a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, send and display your content only as needed to provide, secure, support and maintain Crewtide for you, and as the law requires. It ends when your content is deleted from our systems, except copies we must keep by law and backup copies until they expire. We don't use your content to advertise, we don't sell it, and we don't use it to train AI models.
• Your responsibilities. You confirm you have the rights and any consents needed for your content, including content about other people.
• Our right to act. We don't routinely review content and have no duty to. We may remove or restrict content, or suspend access, if we reasonably believe it breaks these terms or the law, or to protect people or Crewtide.
• Feedback. If you send ideas or suggestions, we may use them freely without paying or naming you. This doesn't give us rights to your content.

7. Copyright complaints

If you believe content on Crewtide infringes your copyright, send us a notice with your physical or electronic signature; the work you say is infringed; the material you say infringes, with enough detail to find it; your contact details; a statement that you believe in good faith the use isn't authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and you're authorized to act for the owner. Send it to contact@crewtide.app (subject "Copyright notice") or to Kinetic Coast Studios LLC, Attn: Copyright, 7901 4th St N, Ste 300, St. Petersburg, FL 33702. If your content was removed, you can send a counter-notice under 17 U.S.C. §512(g). We end the accounts of repeat infringers in appropriate circumstances.

8. Our property

Crewtide, its software, designs and content (other than your content), and the names Crewtide and Kinetic Coast Studios and their logos belong to Kinetic Coast or its licensors. We give you a limited, revocable, non-exclusive, non-transferable right to use Crewtide for its intended purpose under these terms. All other rights are reserved. Open-source components are licensed under their own licences.

9. Other companies' services

Crewtide uses or connects to services run by others (for example Google, Apple, Square, Stripe, Resend and Sentry, and Twilio once texting launches). We don't control them, their own terms and privacy policies may apply to your use of them, and their outages or changes may affect Crewtide.

10. Changes to Crewtide

We may add, change or remove features. We'll try to give notice of changes that significantly reduce what you've paid for, and if we remove a major paid feature during a period you've paid for, we'll offer a pro-rated refund or credit. Beta or preview features may change or end at any time.

11. No emergency service

Crewtide isn't an emergency service. Reminders, alerts and messages can be late or fail; keep your own copies of anything important.

12. Disclaimer of warranties

Crewtide is provided "as is" and "as available". To the fullest extent the law allows, Kinetic Coast disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. We don't warrant that Crewtide will be uninterrupted, secure or error-free, that messages, reminders or alerts will be delivered or on time, or that data will never be lost.

Some states don't allow the exclusion of implied warranties, so some of this may not apply to you. In that case, implied warranties are limited to 90 days from when you first use Crewtide, to the extent the law allows.

13. Limitation of liability

To the fullest extent the law allows: (a) Kinetic Coast and its members, managers, employees and agents won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, goodwill or data, arising out of or relating to the Agreement or Crewtide, even if told they were possible; and (b) Kinetic Coast's total liability for all claims arising out of or relating to the Agreement or Crewtide, together, is limited to the greater of the amount you paid us for Crewtide in the 12 months before the event giving rise to the claim, or US$100.

This section doesn't limit liability that the law doesn't allow to be limited, such as liability for fraud, gross negligence, intentional misconduct, or death or personal injury caused by our negligence. Some states don't allow these limits, so they may not fully apply to you. These limits are part of what lets us offer Crewtide at its price.

14. Indemnity

You will defend, indemnify and hold harmless Kinetic Coast and its members, managers, employees and agents from third-party claims, and related losses, damages, fines and reasonable legal fees, arising from your content, your use of Crewtide in breach of these terms or the law, or your violation of someone else's rights. We'll tell you promptly about a claim, let you control the defence with counsel reasonably acceptable to us, and cooperate at your expense; you can't settle a claim that puts obligations on us without our written consent. If you're a consumer, this section applies only as far as the law where you live allows.

15. Suspension and termination

• You can stop using Crewtide and delete your account at any time (see our Privacy Policy for what happens to your data). Businesses cancel as described in Part 1.
• We may suspend or end your access, with notice where reasonable: at once if you seriously or repeatedly break the Agreement, create risk or legal exposure for us or others, or if the law requires; for non-payment, after notice; or for any other reason with at least 30 days' notice, in which case we'll refund prepaid fees for the unused period.
• We may end Crewtide entirely with at least 30 days' notice, a refund of prepaid fees for the unused period, and a chance to export your data.
• Sections that by their nature should survive (including 6, 8, 12, 13, 14, 16 and 18) survive termination.

16. Disputes between Customers and Kinetic Coast: arbitration and class-action waiver

This section applies to consumers: individuals who use Crewtide for personal purposes, such as booking with a business. It doesn't apply to Businesses (Part 1, section 14), and it doesn't cover disputes between you and a business you booked with.

16.1 Talk to us first. Before starting arbitration or a court case, you and we each agree to send the other a written notice describing the dispute and the relief sought, and to try in good faith to resolve it for 60 days. Send notices to contact@crewtide.app and our mailing address. If either side asks, we'll talk by phone or video. Limitation periods are paused during this time. This step is required before any arbitration.

16.2 Agreement to arbitrate. If the dispute isn't resolved, you and Kinetic Coast agree to resolve any dispute, claim or controversy arising out of or relating to the Agreement or Crewtide ("Dispute") by binding individual arbitration, except as 16.3 says. The Federal Arbitration Act governs this section. The arbitrator decides all issues, except that a court decides questions about the validity, scope or enforceability of 16.5 and 16.6.

16.3 Exceptions. Either side may bring an individual claim in small-claims court if it qualifies and stays there; ask a court for an injunction to stop infringement or misuse of intellectual property or unauthorized access to Crewtide; or report concerns to a government agency.

16.4 How arbitration works. The American Arbitration Association (AAA) runs the arbitration under its Consumer Arbitration Rules (and its Mass Arbitration Supplementary Rules where they apply), available at adr.org. Claims of US$25,000 or less are decided on written submissions unless the arbitrator decides a hearing is needed. Any hearing is by video or in the county where you live, or another place we both agree on. We'll pay all AAA filing, administration and arbitrator fees for any arbitration you start, beyond what you'd pay to file in court, unless the arbitrator finds your claim frivolous. Each side pays its own attorneys' fees unless the law or the arbitrator awards otherwise. The arbitrator can award the same individual relief a court could, but only for you individually.

16.5 Class-action and jury-trial waiver. You and Kinetic Coast each agree to bring Disputes only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. You and Kinetic Coast each waive the right to a jury trial.

If a court finds this waiver unenforceable for a claim seeking public injunctive relief, that claim will be decided by a court (section 17) after the individual arbitration ends, and the rest of this section still applies.

16.6 Mass filings. If 25 or more similar demands are filed against us by or with help from the same or coordinated counsel, they'll be handled in batches of up to 25, one batch at a time, with fees assessed per batch, and limitation periods are paused for claims waiting in later batches. A court can enforce this paragraph.

16.7 Your right to opt out. You can opt out of this arbitration agreement within 30 days after you first accept these terms by emailing contact@crewtide.app with the subject "Arbitration opt-out", your name and the email on your account. Opting out doesn't affect the rest of the Agreement; section 17 then applies to Disputes.

16.8 Changes. If we change this section after you accept it, the change won't apply to a Dispute we already knew about, and you can reject it by emailing us within 30 days, in which case the version you accepted continues to apply.

16.9 Severability. If any part of this section other than 16.5 is unenforceable, the rest stays in effect. If 16.5 is unenforceable for a class or representative claim, this section doesn't apply to that claim, and it goes to court under section 17.

17. Governing law and courts

The Agreement is governed by Florida law, without regard to its conflict-of-law rules, and by the Federal Arbitration Act for section 16. This doesn't take away any protection you have under the mandatory consumer-protection law of the state where you live. For any Dispute not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state courts in Pinellas County, Florida, and the United States District Court for the Middle District of Florida (Tampa Division), except that a consumer may also sue in the courts of the county where they live if the law gives them that right.

18. General

• Changes to these terms. We'll post any update here with a new "Last updated" date. For material changes, we'll tell you by email or in Crewtide at least 30 days before they take effect (sooner only where the law requires a change or the change only affects new features). If you keep using Crewtide after a change takes effect, you accept it; if you don't agree, stop using Crewtide and cancel before then. Changes don't apply retroactively.
• Electronic notices. You agree to receive notices, agreements and disclosures electronically (by email, in Crewtide or on our sites), and that they satisfy any requirement to be in writing.
• Assignment. You can't transfer the Agreement without our written consent. We may transfer it to an affiliate or in a merger, acquisition, reorganization or sale of assets, with notice to you.
• Events beyond control. Neither side is liable for delays or failures caused by events beyond its reasonable control (including provider outages, internet or power failures, hurricanes and other natural disasters, war, government action and labor disputes), other than payment obligations.
• No waiver; severability. Not enforcing a term isn't a waiver. If a term is unenforceable, it's limited to the minimum extent needed and the rest stays in effect.
• No third-party beneficiaries, except the people protected by sections 13 and 14.
• Independent parties. Nothing in the Agreement creates a partnership, joint venture, employment or agency relationship.
• Export. You'll comply with US export and sanctions laws.
• Headings and "including". Headings are for convenience, and "including" means "including without limitation".
• Entire agreement. The Agreement is the whole agreement between you and us about Crewtide and replaces earlier agreements on the same subject.
• California users. Under Cal. Civ. Code §1789.3, you 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 Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

Part 3

Text messaging terms

These terms apply once texting is available in Crewtide. They cover texts that a business sends you through Crewtide.

When you book, you can tick an unchecked box to get texts about your booking. It reads:

Text me about this booking and future appointments with {Business} (confirmations, reminders, updates). Message frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help.

Ticking it isn't required to book.

1. Program: the business sends booking and appointment texts (confirmations, reminders, updates, "on my way" and reschedule messages) through Crewtide, a service of Kinetic Coast Studios LLC.
2. Frequency: varies with your bookings, usually 1 to 5 per booking.
3. Cost: message and data rates may apply. Neither the business nor Kinetic Coast charges you for texts.
4. Opt out: reply STOP (or END, CANCEL, UNSUBSCRIBE or QUIT) at any time. You'll get one final message confirming you've opted out of texts from that business, and no more unless you opt in again. Opting out at one business doesn't affect others. You can also opt out by telling the business any other reasonable way.
5. Help: reply HELP, or email contact@crewtide.app.
6. Carriers aren't liable for delayed or undelivered messages.
7. Confirmation: after you opt in, you'll get one text confirming it, with these STOP and HELP instructions.
8. Privacy: see our Privacy Policy. Mobile numbers and text opt-in data and consent are never shared with third parties or affiliates for their marketing or promotional purposes.

Promotional texts, if a business offers them later, will need a separate unchecked box and your express written consent, and consent will never be a condition of booking.

Part 4

Support access

Setup access (always on)

To set up and maintain a Business's account, Kinetic Coast can see and change its settings: name and branding, services and prices, hours, Staff list and roles, enabled features, plan and integration status. This doesn't include Customers' personal details, and never includes your Square password or stored payment credentials.

Support sessions (Customer data)

Kinetic Coast staff can see Customer data only in a support session that is:

• started for one Business, with a written reason;
• time-limited: it ends automatically after at most 2 hours, and continuing needs a new session and reason;
• read-only: no changes to Customer data;
• logged: each session (who, when, why and for how long) appears in the Business's audit log, visible to its admins;
• enforced by the database's security rules, not just hidden on screen; and
• limited to Kinetic Coast personnel who need it for support. Today that's one person, Kinetic Coast's manager.

Switching it off

Support access is on when a Business is created. A Business can have it switched off at any time (ask us in Help & Support, or use the switch in Settings where available). While it's off, no support session can be started, and we may not be able to look into problems with specific Customers. Setup access continues. Even while it's off, we may access Business Data where needed to comply with law or a binding legal order, or to respond to an urgent security incident or abuse affecting Crewtide or other Businesses; we'll log that access and tell the Business promptly unless the law forbids it.

Demo and test businesses

On fictional demo and test businesses created by Kinetic Coast, our staff have full access. They contain no real Customer data.

Part 5

Data Processing Addendum

This Data Processing Addendum ("DPA") is part of the Agreement between Kinetic Coast Studios LLC ("Kinetic Coast", the processor) and the Business (the controller). It applies whenever Kinetic Coast processes Customer Personal Data for the Business. If it conflicts with the rest of the Agreement about personal data, this DPA controls.

1. Definitions

"Customer Personal Data" means personal information within Business Data that Kinetic Coast processes for the Business. "Privacy Laws" means all US federal and state privacy, data-protection and data-security laws that apply to the processing, including the California Consumer Privacy Act as amended (CCPA). "Subprocessor" means a third party Kinetic Coast engages to process Customer Personal Data. "Security Incident" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to Customer Personal Data. "Business", "service provider", "controller", "processor", "sell", "share", "consumer" and "de-identified" have the meanings in the Privacy Laws.

2. Roles

The Business is the controller (and the "business" under the CCPA) for Customer Personal Data. Kinetic Coast is its processor and service provider. Kinetic Coast is the controller only for the data our Privacy Policy lists as ours, such as Crewtide logins, billing, Help & Support requests and platform consent records.

3. Details of processing

• Nature and purpose: hosting and operating Crewtide for the Business: scheduling, bookings and quotes, Customer records, photos, messaging, payment references, loyalty and gift cards, support, security and backups (the "Business Purposes").
• People concerned: the Business's Customers and prospective customers, and its Staff.
• Types of data: names, phone numbers, email addresses, service addresses, vehicle and property details, booking and quote history, photos, message content and delivery records, consent and opt-out records, payment references (no full card numbers), loyalty, gift-card and referral data, account identifiers.
• Sensitive data: none intended. The Business won't submit sensitive data (Part 1, section 5.7).
• Duration: the term of the Agreement plus the export and deletion periods in section 10.

4. Kinetic Coast's commitments

Kinetic Coast will:

1. process Customer Personal Data only for the Business Purposes and on the Business's documented instructions (the Agreement and the Business's use and configuration of Crewtide are its instructions), and tell the Business if it believes an instruction breaks Privacy Laws, in which case it may decline it;
2. not sell or share Customer Personal Data, including for cross-context behavioral advertising;
3. not retain, use or disclose it for any purpose other than the Business Purposes, including any other commercial purpose, or outside the direct business relationship between Kinetic Coast and the Business, except as Privacy Laws permit service providers to do (for example, to improve Crewtide without profiling Customers, to detect security incidents, prevent fraud, or comply with law);
4. not combine it with personal information from other sources or other businesses, except as Privacy Laws permit;
5. comply with the Privacy Laws that apply to it as a service provider and give Customer Personal Data the level of privacy protection the CCPA requires;
6. tell the Business within 5 business days if it can no longer meet its obligations under Privacy Laws;
7. allow the Business, on notice, to take reasonable and appropriate steps to stop and fix unauthorized use of Customer Personal Data, including suspending the processing concerned;
8. make sure everyone who processes Customer Personal Data for it is bound by confidentiality;
9. access Customer Personal Data only as described in Part 4 (Support access); and
10. where it de-identifies data, take reasonable measures so it can't be re-associated with a person, publicly commit not to re-identify it, and require any recipient to do the same.

5. Helping the Business

1. Consumer requests. Crewtide provides tools to look up, export, correct and delete Customer records, and Kinetic Coast gives reasonable help so the Business can answer requests to access, correct, delete or port personal data or to opt out. If Kinetic Coast receives a request about Customer Personal Data directly, it will forward it to the Business within 10 business days, or tell the requester to contact the Business, and won't answer it itself (except to acknowledge it) unless the Business authorizes it or the law requires.
2. Deletion. When the Business deletes Customer Personal Data or tells Kinetic Coast to, Kinetic Coast deletes it, and tells its Subprocessors to, within 30 days, subject to section 10.
3. Assessments. Kinetic Coast gives reasonable information the Business needs for a data protection assessment required by Privacy Laws.
4. Security and breach notice. Kinetic Coast helps the Business meet its security and breach-notification obligations (sections 7 and 8).

6. Subprocessors

1. Authorization. The Business authorizes the Subprocessors listed in our Privacy Policy at crewtide.app/privacy#subprocessors. Square isn't a Subprocessor: it is the Business's own payment provider under the Business's own agreement.
2. Flow-down. Kinetic Coast has a written contract with each Subprocessor requiring protections at least as strong as this DPA for the data it processes, and remains responsible for its Subprocessors.
3. New Subprocessors. Kinetic Coast gives at least 30 days' notice before a new Subprocessor processes Customer Personal Data, by updating the list and emailing the Business's owners. The Business may object in writing within that period on reasonable data-protection grounds. If we can't resolve the objection, the Business may end the affected service and receive a pro-rated refund of prepaid fees for it, as its only remedy. In an emergency (for example, replacing a failed provider), notice may be shorter and given as soon as practicable.

7. Security

Kinetic Coast maintains reasonable administrative, technical and physical safeguards appropriate to Customer Personal Data, at least those in Annex 1, including the reasonable measures Fla. Stat. §501.171(2) and similar state laws require. It may update them if overall protection isn't reduced.

8. Security Incidents

1. Notice. Kinetic Coast will notify the Business without undue delay, and in any case within 72 hours, after confirming a Security Incident affecting the Business's Customer Personal Data.
2. Content. The notice describes, as far as known: what happened and when; the categories and approximate number of people and records affected; likely consequences; steps taken or proposed; and a contact. Kinetic Coast will update the Business as it learns more.
3. Help. Kinetic Coast takes reasonable steps to contain and fix the incident and reasonably helps the Business notify affected people and regulators. Unless the law requires otherwise or we agree, the Business decides whether and how to notify its Customers; Kinetic Coast may notify regulators or people directly where the law requires it to.
4. No admission. Notice isn't an admission of fault or liability.

9. Compliance information and audits

On written request (no more than once a year, or after a Security Incident), Kinetic Coast provides information reasonably needed to show compliance with this DPA, such as a written description of its security measures and answers to a reasonable security questionnaire. If that isn't enough to meet a requirement of Privacy Laws, the Business may arrange, at its own cost, a reasonable assessment by a qualified, independent assessor bound by confidentiality, on 30 days' notice, during business hours, without access to other businesses' data, and in a way that limits disruption.

10. Return and deletion

When the Business's subscription ends, its Crewtide business stays read-only and the Business may export Customer Personal Data for 12 months. After that period, or within 30 days of the Business's written request to delete it sooner, Kinetic Coast deletes it, and backups expire within 35 days after that, except: (a) records Kinetic Coast must keep by law; (b) text-message consent and opt-out records, which Kinetic Coast keeps for 5 years after the Agreement ends to defend claims and honor opt-outs; and (c) data in Crewtide logins, which Kinetic Coast controls. Retained data stays subject to this DPA.

11. Government and legal requests

If Kinetic Coast receives a subpoena, warrant or other legal demand for Customer Personal Data, it will (unless the law forbids) refer the requester to the Business, promptly notify the Business so it can seek protection, and disclose only what's legally required.

12. Liability and term

Each party's liability under this DPA is subject to the limits in the Agreement, including the data-security cap in Part 1, section 13. This DPA lasts as long as Kinetic Coast processes Customer Personal Data for the Business.

Annex 1: Security measures

1. Encryption: TLS in transit; Google Cloud encryption at rest; integration credentials (such as Square connection tokens) and platform keys in Google Cloud Secret Manager.
2. Separation between businesses: database and storage security rules keep each Business's data apart, with automated tests on every change proving one Business can't read another's data.
3. Access control: roles for Business Staff (owner, admin, employee); Kinetic Coast access limited to setup access and logged, read-only support sessions of at most 2 hours, enforced by the security rules; inactive Staff lose access, including their calendar feed; private booking links use long random codes limited to one booking and are removed from error reports.
4. Sign-in: passwords handled by Google Firebase Authentication (never stored by Crewtide in readable form); Google and Apple sign-in; email verification before an account is linked to existing Customer records; re-authentication before account deletion; multi-factor authentication on Kinetic Coast's administrative accounts.
5. Abuse prevention: app-integrity checks (Firebase App Check with reCAPTCHA Enterprise); server-side rate limits; sending limits.
6. Environments: separate test and production systems; the test system holds only fictional data and can send only to approved test addresses.
7. Change management: code changes go through reviewed pull requests with automated tests, and reach production only after the test system.
8. Monitoring: error monitoring through Sentry with personal data removed; support-session audit logs visible to the Business.
9. Secrets: no secrets in source code.
10. Backups: daily managed database backups, kept no longer than 35 days.
11. Incident response: a written plan with the deadlines in section 8 and state breach-notice rules.
12. Vulnerability management: dependency checks, and fixing critical and high findings before production releases.

Contact

Kinetic Coast Studios LLC
7901 4th St N, Ste 300, St. Petersburg, FL 33702
contact@crewtide.app