What you get
Your own Hub at your own web address, built from your store's roster, stations and numbers. Every tool listed on the setup page, set up for your store rather than handed over as a template.
What it costs
A one-time install fee and a monthly upkeep fee, both quoted for your store before any work starts. Neither changes without you agreeing to it in writing first. Hosting is included in the monthly. Separately, your web address costs about $12 a year, paid by you, because you own it.
Who owns the accounts
We build and maintain your team's records in a database that belongs to your store and holds no other store, and we use reasonable care to keep it that way. You can ask for a full export in a readable format at any time, without a reason and without our permission, and we get it to you as quickly as we reasonably can. If we stop working together it goes with you.
Who owns the data
Your team's records are yours. If you stop working with us we export your records to you in a readable format and use reasonable care to delete the copies we hold. Backups and system logs are deleted as they age out on their normal cycle rather than the same day. We do not sell, share or train anything on your store's data.
What we do each month
We do the work in this agreement with reasonable care, and with the skill generally accepted as the standard in our industry. That is the promise everything else in this agreement is measured against. Working to it, we keep the Hub running, fix what breaks as quickly as we reasonably can, and make the changes your store asks for within what upkeep covers. Anything larger is quoted separately before it is started.
Stopping
Either side can stop with 30 days' notice. The install fee is not refundable once the build has started. We get you a full export before the last day, and if something outside our control delays it we tell you and get it to you as quickly as we reasonably can. Your web address stays yours, and your database is either handed to an account you name or deleted, your choice. The software stops.
If something goes wrong
Most of this agreement is about what we will do. This part is about what happens if we get it wrong: what we will put right, and what we can and cannot be made to pay.
The most we can owe you
If you have a claim against us under this agreement, for any reason, the most we can be made to pay you in total is the greater of two amounts: the fees you paid us in the 12 months before the event that gave rise to the claim, or $10,000. Fees you paid to set up the Hub count towards that. This is an aggregate limit: a total across every claim added together, not one limit for each claim. The same limit applies to what you can be made to pay us, except for the fees you owe us under this agreement and except for your promise that you have the right to give us the records you give us.
Claims about your team's records are limited higher
If your claim is because we broke the security and confidentiality promises in this agreement — who may see your records, what we will not do with them, and what happens to them when we stop — the most we can be made to pay you in total is $50,000.
What we cannot be made to pay for
We are not responsible for indirect, incidental, special, consequential or punitive damages. That includes lost profits, lost sales, lost savings, lost or damaged data, and the cost of putting another system in place. This holds even if we knew those losses were possible.
What these limits do not cover
None of the limits above, including the list of things we cannot be made to pay for, apply to our own gross negligence or to anything we do deliberately and wrongly. They also do not reduce what you owe us in fees.
If your team's records are exposed
If we find out that records we hold for you have been seen by anyone who should not have seen them, we will tell you. We will tell you what we know, what we are doing about it, and what we do not yet know. Deciding whether to tell the people affected is yours, because they are your team and the records are yours, and we will give you the information we hold that you reasonably need to do it. We will pay our own costs of finding the cause and fixing it. Those are our costs, not a payment to you, and they do not use up the $50,000 limit; that limit is for money we pay to you or pay on your behalf.
What this is not
This is a working agreement in plain words, not a document drafted by a lawyer. Read it properly before you sign it, and have anyone you want look at it first. Tell us what needs changing.
No warranty
The Hub is provided as is and as available. We do not promise it will be free of errors, or that it will run without interruption, or that it will fit any particular purpose you have in mind. The one promise we do make about how we work is the reasonable care promise in 'What we do each month', and that promise stands. We disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are responsible for checking any number the Hub produces before you rely on it, in particular anything to do with pay, food safety, or anything you report to Chick-fil-A.
Which law applies
This agreement is under the law of North Carolina. If we ever end up in court over it, that happens in the state or federal courts in Guilford County, North Carolina, and we both agree to that.