These Company Terms of Service ("Agreement") are between BlueJay Technologies LLC, a Wisconsin limited liability company ("BlueJay," "we," "us," or "our"), and the moving/field-service company that registers for and uses the BlueField application ("Company," "you," or "your"). This Agreement governs the Company's access to and use of BlueField (the "Service"). By registering a Company account, or by having any authorized representative of the Company accept this Agreement, the Company agrees to be bound by it.
If you do not have authority to bind the Company you represent, do not accept this Agreement.
BlueField is a workforce-management application that helps field-service companies (such as moving companies) manage employees, schedules, jobs, time tracking, payroll periods, messaging, and related administrative functions. BlueJay may add, change, or remove features of the Service over time.
2.1. The Company must provide accurate registration information and keep it current. 2.2. The individual who registers the Company account (the "Owner") is responsible for the Company's use of the Service, including actions taken by Managers and Employees the Owner or a Manager invites into the Company's account. 2.3. The Company is solely responsible for the accuracy of the data it enters into the Service (employee records, pay rates, job details, schedules, and similar business data) and for the lawfulness of decisions it makes using that data. 2.4. The Company is responsible for maintaining the confidentiality of its account credentials and for all activity that occurs under its account.
3.1. BlueJay provides tools; the Company remains the employer (or otherwise legally responsible party) for its own workforce. The Company is solely responsible for complying with all applicable federal, state, and local employment laws, including wage-and-hour law, overtime rules, meal/rest break requirements, recordkeeping requirements, and any state-specific employee notice or consent requirements — including, where applicable, providing its own employees with any notice or obtaining any consent required before using location tracking or biometric authentication features of the Service. 3.2. The Service's location-based clock-in verification and optional biometric quick sign-in are provided as tools; whether and how the Company enables or requires their use, and whether the Company's own workplace policies satisfy applicable law, is the Company's responsibility. 3.3. The Company is responsible for promptly removing access for any Employee or Manager who is no longer authorized to use the Service (for example, after termination of employment).
4.1. Any subscription fees, billing cycle, and payment terms applicable to the Company's use of the Service will be presented to the Company at signup or through the Service's billing/settings screens. Continued use of the Service after fees take effect constitutes agreement to pay them. 4.2. BlueJay may change its pricing on a going-forward basis with reasonable advance notice to the Company. 4.3. Fees, once paid, are non-refundable except as required by law or as BlueJay otherwise expressly agrees in writing.
5.1. As between BlueJay and the Company, the Company retains ownership of the business data it submits to the Service (employee records, job data, schedules, messages, and similar content) ("Company Data"). 5.2. BlueJay may access and process Company Data solely to provide, maintain, secure, and improve the Service, to provide customer support, and as otherwise described in the Privacy Policy. 5.3. BlueJay will not sell Company Data or use it to serve third-party advertising. 5.4. Upon termination of the Company's account, BlueJay will make Company Data available for export for a reasonable period (unless legally prohibited), after which it may be deleted or archived in accordance with BlueJay's data retention practices.
The Company will not, and will not permit its Managers or Employees to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to any other company's data or to BlueJay's systems; (c) reverse-engineer, decompile, or attempt to extract the source code of the Service except as permitted by law; (d) use the Service to store or transmit malicious code; or (e) interfere with or disrupt the integrity or performance of the Service.
7.1. Either party may terminate this Agreement if the other materially breaches it and fails to cure the breach within a reasonable period after notice. 7.2. BlueJay may suspend or terminate access immediately if the Company's use of the Service poses a security risk, potential legal liability, or violates Section 6 above. 7.3. The Company may stop using the Service and close its account at any time through the Service's settings or by contacting BlueJay.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLUEJAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY IS SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF PAYROLL, TIME, AND SCHEDULING OUTPUTS BEFORE RELYING ON THEM FOR PAY OR LEGAL COMPLIANCE PURPOSES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEJAY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE AMOUNT THE COMPANY PAID BLUEJAY FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL BLUEJAY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST WAGES CLAIMS BROUGHT AGAINST THE COMPANY BY ITS OWN EMPLOYEES, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION DOES NOT LIMIT LIABILITY WHERE PROHIBITED BY LAW.
The Company agrees to indemnify and hold BlueJay harmless from third-party claims (including from the Company's own employees) arising out of: (a) the Company's violation of applicable employment law; (b) the Company's Data or its use of the Service in violation of this Agreement; or (c) the Company's failure to provide any notice or obtain any consent required by law before using the Service's location or biometric features with its workforce.
This Agreement is governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles. Any dispute arising out of this Agreement will be brought exclusively in the state or federal courts located in Wisconsin, and each party consents to personal jurisdiction there.
BlueJay may update this Agreement from time to time. A new version will be published with a new effective date, and continued use of the Service after the new version takes effect constitutes acceptance. Where the Service's clickwrap flow requires re-acceptance, the Company must re-accept before continuing to use the Service.
Questions about this Agreement can be sent to caleb.bluejaytech@gmail.com.
BlueJay Technologies