Terms of Service
Last updated October 28, 2026·Effective October 28, 2026
These terms are a contract between you and BA Service Group LLC, a Florida limited liability company (document number L25000277185), doing business as Crewer (“Crewer”, “we”, “us”), 7901 4th Street North, STE 300, St. Petersburg, FL 33702, USA. They cover your use of crewer.io, app.crewer.io, the Crewer mobile app, the Crewer Importer extension, the scripts you put on your website and all Crewer features (together, the “Service”).
“You” and “Customer” mean the business that signs up, and the person accepting these terms for it. By clicking to agree, creating an account or using the Service, you agree to these terms. If you accept for a business, you confirm you have authority to bind it.
The Service is for businesses only. It is not for personal or household use. Our Privacy Policy explains how we handle personal information.
Important: section 3 explains that paid features start paid and stop when included usage or credit runs out. Section 4 explains cancellation and the 14 day satisfaction refund, which is based on what you used. Section 6 makes you responsible for recording consent, calling and texting laws, location use and website tracking. Sections 15 and 16 limit our liability. Section 18 requires individual arbitration and waives jury trials and class actions.
1The Service
Crewer includes these products:
- Answer: an AI phone receptionist that answers your business’s inbound calls, records and transcribes them, and texts you a summary.
- Recover: AI follow up of unsold estimates by text message and AI voice calls, including call backs when a customer asks and, where available, a secure payment link texted during the call, with opt in and opt out handling and quiet hours.
- Office: field service management, including scheduling, jobs, estimates with several options and electronic signatures, deposits, invoices, payments, tasks and monitoring rules, automatic reminders to customers and technicians, overdue invoice reminders, review requests, a technician mobile app, time clock, payroll reports and photos.
- Phone: business phone numbers, calls and texts, call flows, call masking, optional call recording and transcription, AI call tags and spam filtering.
- Insights: call and form tracking with tracking numbers, a script for your website, booking reports and, if you connect your Google Ads account, offline conversion reports to that account.
- Visit Recording: the technician’s phone records the on site conversation with your customer, by hand or automatically on arrival at the job address. It is transcribed and analyzed by AI for coaching. You control whether it is on, and the Service applies the consent controls described in section 6.
- Importing: tools to bring in your data from spreadsheets, from your other software (through the Crewer Importer browser extension or official connections) and from estimate emails you forward, which AI reads.
We may add, change, limit or remove features at any time, including to follow carrier, processor or legal requirements. If we remove a major feature you pay for, we will tell you in advance where practical.
2Business use and accounts
- Business use only. The Service is for businesses, for business purposes. It is not offered to consumers or for personal, family or household use. By using it you confirm you are using it for your business.
- Authority. The person accepting these terms confirms they are at least 18 years old and have authority to bind the business.
- Accurate information. You must give accurate, complete information, including your legal business name, contact details and the business details used for carrier registration, and keep it up to date.
- Your users. You are responsible for your users (owners, staff, technicians) and for everything done under your account, as if you did it yourself.
- Security. Keep logins secure. Tell us right away at info@crewer.io if you think your account was accessed without permission.
3Free trial, subscriptions and payment
- Office free trial only. Office, bought on its own, comes with a 7 day free trial. No card is required to start it. If you do not choose a plan by the end of the trial, your account becomes read only for 30 days and then closes. The trial has its own limits, shown in the app, and no usage is billed during it. There is no other free trial: Answer, Recover, Phone, Visit Recording and every other paid feature or add on start paid.
- Paid first. A paid feature is turned on only after it is paid. When you buy a plan or add on, the first month (or the first year, on an annual plan) is charged at checkout.
- One subscription. All your plans and add ons are items on one subscription, with one renewal date and one invoice, billed in US dollars, in advance. A subscription is either monthly or annual. Anything you add follows that cycle.
- Annual plans. Annual plans are paid upfront for the year. The annual discount applies only to the plans and to the Campaigns add on, not to other add ons or to usage. Included minutes are granted month by month, also on annual plans.
- Campaigns. Campaigns: $149 a month, 5,000 emails included, then 1 cent per email. Texts 3 cents each. Unlimited contacts. AI writes it, you approve it, Crewer shows the jobs it booked. The monthly fee includes the number of email sends shown on our pricing page; every email above it is charged per email from your Crewer credit at the end of the billing period, and campaign texts are billed like every other text (your Phone package first, then your Crewer credit). Contacts are not counted or limited. Campaigns has a monthly and a yearly price, no free trial and no promotions, and needs an Office, Answer or Recover plan on your subscription. Nothing is sent until the account owner approves the exact content.
- Changes during a billing period. When you add a plan or add on, or move to a higher plan or quantity, you are charged that day for the rest of the current billing period or annual term (prorated), and from then on it renews with everything else. When you lower a plan or quantity, the difference becomes a credit on a later invoice, not a cash refund. Removing users lowers your bill from the next billing period. Seats are counted automatically from your active users, and the app shows the price change before you confirm it.
- Automatic renewal. Your subscription renews each billing period until you cancel. You authorize us and our payment processor (Stripe) to charge your payment method each billing period, for prorated changes you confirm, for one time purchases you make, and for Crewer credit as described below.
- Included usage and the hard stop. Plans include the AI minutes, phone minutes, texts, numbers and users shown on our pricing page. We do not bill usage after the fact. When the included usage of a product is used up, that product stops for the rest of the billing period, unless you turned on paying from your Crewer credit and your credit can pay. When it stops, Answer stops using AI and calls follow your call flow fallback, Recover pauses its follow ups until you add credit or upgrade, and Phone calls go to voicemail. We warn you in the app and by email at 80% and 100% of your included usage.
- Crewer credit. Crewer credit is an optional prepaid balance that pays usage beyond your plan at your plan’s rates, pay as you go phone use, and other charges shown in the app. You buy it by card. Auto recharge is off until you turn it on. If you turn it on, you authorize us to charge your card the amount you chose each time your balance falls below the level you chose. With auto recharge on, one use may take your balance slightly below zero, and the next recharge covers it. Without credit that can pay, uses that need credit do not start. Credit is not cash, cannot be transferred and does not earn interest. Unused credit is not refundable, including with the satisfaction refund in section 4, except where the law requires a refund.
- One time purchases. Number Hunt, premium numbers and Crewer credit are separate one time card payments, not part of your subscription.
- Recover success fee. If we charge a success fee on estimates Recover closes, it applies to you only after we turn it on for your account and show it to you in the app or your plan, and it is added to your next Crewer invoice. You pay it only on deals Crewer can prove it closed: the customer paid through a link Recover sent, said yes to Recover on the phone, or replied to Recover (by text or on a call) and then approved the estimate within 24 hours of Recover’s last message or call. A deal your team closed on its own, or one approved without a reply to us, is never billed, however soon it came. The fee is a share of the won amount (the final sale, else the negotiated price, else the estimate) in marginal brackets, each rate applying only to the part of the deal inside its bracket: 10% on the first US $5,000, 7% on the part from US $5,000.01 to US $15,000, and 5% on the part above US $15,000. There is no cap per job. It applies only to deals of US $100 or more, and never to later change orders. If the customer is refunded within 30 days of the win, the fee is credited back, in full for a full refund and in proportion for a partial one. Every billed deal shows the exact reason on its timeline. You can dispute a fee from that deal’s page within 30 days of the win; a disputed fee is not billed until we review it.
- Promotions. A promotion applies only to annual plans of Answer, Recover and Office, and only for the period it names. Promotions never apply to monthly plans, Phone, add ons, usage or credit, and a promotion code cannot be added to items joining a running subscription.
- Fees are non refundable. All fees are non refundable, except as stated in sections 4 and 14 or where the law requires a refund.
- Taxes. Prices do not include taxes. You are responsible for all sales, use, GST, HST, VAT and similar taxes, other than taxes on our income. If you must withhold any tax, you will increase your payment so we receive the full amount.
- Price changes. We may change prices. We will give you at least 30 days notice by email or in the app. The new price applies from your first renewal at least 30 days after the notice (on an annual plan, the end of your annual term). No price is guaranteed forever.
- Late or failed payments. If a subscription payment fails, the plan itself was not paid, so all usage, including usage your plan would normally include, is paid from your Crewer credit at your plan’s extra usage rates until the invoice is paid. When your credit cannot pay, those services stop. We may also suspend the Service until you pay in full. You remain responsible for amounts owed, and for reasonable collection costs where the law allows.
- Billing disputes. If you think a charge is wrong, tell us at info@crewer.io within 60 days of the charge so we can look into it. Please contact us before filing a chargeback.
4Cancellation and refunds
- You can cancel at any time in one click from Billing, or by emailing info@crewer.io.
- Cancellation takes effect at the end of the billing period you already paid for, and nothing more is charged after that. You keep access until then, and you can undo the cancellation while that period is still running.
- After your plan ends, your account stays read only for 90 days so you can export your data for free (see section 5).
- Satisfaction refund. If you are not satisfied, within 14 days after your business’s first subscription payment (everything bought in that first checkout, for the first month or the first year), monthly or annual, you can ask in Billing for a refund of what you did not use. Each product is computed separately: its fee times one minus its usage share, rounded to the nearest dollar, with no minimum. The usage share is the highest share used of that product’s included amounts (such as AI minutes, phone minutes, texts and the numbers a Phone package includes), up to 100%. An add on is refunded in full if it was not used, and otherwise by the same rule. Billing shows the computation before you confirm. It is available once per business and your plan is canceled right away. Extra usage (overage) and Crewer credit are never refunded, and the refund does not cover later invoices, later add ons, one time purchases or any Recover success fee. It does not apply to a subscription that started as an Office free trial.
- Otherwise, we do not give refunds or credits for partial billing periods, unused features, unused included usage or unused credit. Fees already paid are not refundable, except as stated in section 14 or where the law requires a refund.
5Your data
- You own your data. “Customer Data” means everything you or your users put into the Service, and everything the Service collects for you, including your customers’ details, call and visit recordings, transcripts, messages, signatures, photos, estimates, invoices, data about your staff, and data about visitors to your website collected by our tracking script.
- Roles. You are the controller of Customer Data (in some laws, the “business”). We are your processor or service provider. We process Customer Data only to provide, secure and support the Service, on your instructions (which include your settings and your use of the Service), as described in our Privacy Policy, and as the law requires.
- Your promises about data. You confirm that you have a lawful basis, and have given every notice and obtained every consent the law requires, to collect Customer Data and to have us process it as these terms describe. You are responsible for your own privacy notice to your customers and staff, and for answering their privacy requests.
- License to us. You give us permission to host, copy, process, transmit and display Customer Data as needed to provide, secure and support the Service, to share it with our service providers for those purposes, and to send it to the outside services you connect or tell us to send it to, such as your Google Ads account.
- Deidentified and aggregated data. We may collect data about how the Service is used, and create deidentified and aggregated data from Customer Data. We may use that data to run, secure, improve and develop the Service, including our AI features, and for benchmarks, as long as it does not identify you, your users or your customers. We will not try to reidentify it. We never sell or share personal data, and we do not train AI models on identifiable data. You can opt out of this use of your Customer Data in Settings, Privacy and data; data use that is needed to run and secure the Service continues.
- Export. The account owner can export your Customer Data as CSV files, for free, at any time, including for 90 days after your plan ends (30 days after an Office free trial that ends without a plan). After that, we have no duty to keep or return it.
- Retention and deletion. While your subscription is active we keep Customer Data, including call recordings and transcripts, unless you choose a shorter recording retention in Settings or delete data yourself. 90 days after your plan ends we delete your customer data (customers, jobs, estimates, messages, calls, recordings, transcripts and tracking data), after emailing the account owner export links 1, 30 and 80 days after the end. We keep consent and opt out records (phone number and time only) for 5 years and a minimal record of invoices, payments and signed estimates for 7 years, as set out in our Privacy Policy, and longer only where the law requires.
- Your customers’ deletion requests. Your customers can ask, at crewer.io/privacy/request, to have their data deleted. We tell you, and you have 30 days to approve or to object with a reason. If you do not answer in 30 days, we delete their data with the same exceptions, and you will not be able to import that person again. You are responsible for your answer and for any other privacy obligations you have to that person.
- Security incidents. We use reasonable measures to protect Customer Data. If we confirm a security breach that affects your Customer Data, we will tell you without undue delay and share the information we reasonably can to help you meet your own obligations. Telling you about a breach is not an admission of fault or liability.
- Backups are your responsibility. Keep your own copies of data that matters to you. The Service is not a backup or archive service.
- Data processing terms. A Data Processing Addendum is available on request. If you sign one with us, it applies to Customer Data alongside these terms.
6Recording, calls, messages and tracking: your responsibility
Answer, Recover AI calls, Phone call recording and Visit Recording record conversations. Recover, Phone and Office automations send texts, and Recover makes AI voice calls. Insights tracks visitors on your website and can send data to your Google Ads account. The technician app can use location. You decide whether to use these features, who is recorded, tracked or contacted, and the settings, templates and instructions used. You alone are responsible for using them lawfully.
You agree that:
- Recording consent. You will give every notice and get every consent that federal, state, provincial and local law requires before any call or in person conversation is recorded or transcribed, including in states and provinces that require the consent of everyone in the conversation. Where you are not sure, you will get consent from everyone.
- Correct job locations. The visit recording controls described below depend on the state or province saved on each job. You will keep job addresses, states and provinces accurate.
- Messages and calls. You will comply with all laws and rules on calls and texts, including the US Telephone Consumer Protection Act (TCPA) and FCC rules, the Telemarketing Sales Rule, state telemarketing and “mini TCPA” laws, Canada’s Anti Spam Legislation (CASL), the CRTC Unsolicited Telecommunications Rules, and the national, state and internal Do Not Call lists.
- Consent to contact. You have, and can prove, any consent the law requires to call or text each person you upload or ask Crewer to contact, including prior express written consent where required for marketing or AI and prerecorded voice calls.
- Opt outs and quiet hours. You will honor opt outs and revocations of consent made by any reasonable means, follow calling hour and quiet hour rules, and not turn off or work around the opt out, quiet hours or consent tools in the Service.
- AI disclosure. You will not tell anyone that an AI call or message is from a human. You will follow any law that requires disclosure that a call or message is AI, automated or recorded.
- Carrier rules. You will follow phone carrier and industry rules for business calling and texting, including 10DLC and toll free verification rules. Crewer registers your texting brand and campaign (10DLC in the US) on your behalf, using your business details, which may be prefilled by AI for you to check. You authorize us to do so and confirm the details you give us, including your EIN, are accurate. Texts from your US numbers start only after the registration is approved. On pay as you go Phone, the carrier registration fees are charged at Twilio’s cost from your Crewer credit and shown before you agree; on other plans Crewer covers them. Carriers decide whether to approve, filter or block traffic.
- Your staff. You will give your technicians and staff any notice, and get any consent, the law requires for recording them, tracking or using their location (including the time clock location stamp, check in and arrival recording), measuring and comparing their performance, and recording their time, and you remain responsible for payroll, wage and hour and other employment law obligations. Time clock and location records are tools, not a guarantee of accurate pay records.
- Your website visitors. If you install our tracking script, you will tell visitors to your website about the number swap, visit source storage, number pool and form tracking in your own privacy notice, and get any consent the law requires, including under wiretap, privacy and cookie or browser storage laws. You will not use form tracking on forms that collect health, financial account, government ID or other sensitive data.
- Google Ads and other connected services. If you connect Google Ads, you confirm you may share the conversion data, including hashed email addresses and phone numbers, with Google, and you will follow Google’s terms and policies, including its customer data policies. You are responsible for your use of any service you connect and for following its terms.
- Imports. You will import only data you are authorized to use, and you are responsible for following the terms of the software you export from, including when the Crewer Importer reads your own signed in page in that software.
- Review requests. You choose how review requests work, including whether only higher ratings get your review link. You are responsible for following the rules on reviews, including FTC rules and Google’s review policies, which discourage asking for reviews selectively.
- Signatures and your terms. You are responsible for your own terms shown to your customers, and for deciding whether an electronic signature collected through the Service is enough for each of your agreements.
- Content. You are responsible for every message and call made through your account and for its content, including messages written by AI and sent under the settings you chose, whether or not you reviewed each one.
How visit recording handles consent. Crewer applies these controls to visit recording:
- US states that require everyone’s consent, Canada, and unknown locations. For a job in a US state that requires the consent of everyone in the conversation, a job in Canada, or a job with no address or no recognized state or province, Crewer requires that the customer is told before the visit is recorded. That happens in one of two ways: a text sent before the visit saying the visit may be recorded (sent only if you turn this on and the company owner approves the wording), or the customer’s OK, which the technician asks for at the door and records in the app before recording starts. If neither happened, or the customer said no, Crewer does not record the visit, and audio already captured on a job where the customer said no is deleted. A text sent before the visit is notice, not consent.
- Canada setting. The company owner can choose to treat jobs in Canada like one party consent states. Crewer asks the owner to confirm and records the change in the activity log. Make this choice only after getting your own legal advice.
- US one party consent states. For a job in a US state that allows one party to record, the visit is recorded automatically when it starts. The technician is part of the conversation, and the app shows that the visit is being recorded.
Texting tools. Crewer applies these rules to texts sent through the Service: STOP and other opt outs are honored and START opts back in; automatic texts wait for your texting hours in the customer’s time zone; marketing texts to US numbers need express written consent (for example your VIP offers button or a YES reply), go out only between 9 AM and 8 PM local time and at most one a day; and marketing messages to Canadian customers follow CASL implied consent periods (2 years after a purchase, 6 months after an inquiry or estimate), with one message asking the customer to keep getting offers. Recover sends only after you confirm that you have the consent the law requires and press Start.
Crewer does not add a recording announcement to your calls by itself; whether to use the optional recording notice is your choice. The settings for call recording, website tracking and review requests remind you that some states and provinces require consent or notice; that reminder is not legal advice and does not change your responsibility under this section.
We also provide tools such as a call recording notice for Phone, opt out handling, quiet hours, call masking and a consent record. These controls and tools reduce risk but may not fit every law or situation, and they do not make you compliant on their own. Other laws may require more, such as notice to other people present or under privacy law. We do not give legal advice. You should get your own legal advice.
7Acceptable use
You will not use the Service to:
- Break any law or anyone’s rights.
- Make calls or send texts without required consent, make illegal robocalls, send spam, or contact numbers on a Do Not Call list without a lawful basis.
- Record anyone where recording is prohibited, or without required notice or consent.
- Send harassing, threatening, abusive, discriminatory, deceptive or misleading content, or spoof caller ID.
- Collect sensitive data you do not need, such as full card numbers in notes or recordings, or health information.
- Upload malware or try to break, overload or get around the security or limits of the Service.
- Copy, resell or reverse engineer the Service, or build a competing product from it.
- Access the Service by automated means except through features we provide.
8AI output
The Service uses AI to answer calls, talk with your customers, transcribe audio, write summaries, tag calls and score leads, suggest why a lead was not booked, read imported tables and forwarded estimate emails, suggest prices and messages, give coaching, and answer questions in the Crewer Assistant.
- AI output can be wrong, incomplete, inconsistent or unsuitable. Transcripts and summaries may contain errors or miss things that were said. Tags, scores and data read from imports or emails may be wrong, so check them before you rely on them.
- The Crewer Assistant makes a change only after you confirm it on a card in the app. You are responsible for the changes you confirm.
- You are responsible for reviewing AI output before you rely on it, and for what you send, quote, promise or decide based on it, including decisions about your staff.
- The AI receptionist and AI caller act on the instructions and information you give them. You are responsible for that information, including prices, services, service areas and promises about timing.
- AI output, coaching, price suggestions and scores are general information. They are not legal, tax, financial, employment or other professional advice.
- We do not guarantee any number of answered calls, bookings, sales, closed estimates, revenue or other results.
9Our role: a tool provider
- You control your communications. Crewer is software you use to run your business. You decide whether and how calls are answered, which messages and calls are made, to whom, when and with what content. Messages and calls are made in your business name and on your behalf. As between you and us, you are the sender of every message and the initiator of every call made through your account.
- Not a party to your customer relationships. We are not a party to any relationship or agreement between you and your customers. We are not responsible for your estimates, prices, quotes, appointments, work, products, warranties, refunds, disputes, or anything you or your technicians do or promise.
- Payments. Payments from your customers are processed by third party payment processors, through your own account with that processor and under its terms. You are the merchant of record. Unless we agree otherwise in writing, we are not a payment facilitator, money transmitter or bank, we do not hold your funds, and we are not responsible for processor decisions, holds, reserves, chargebacks, fees or payouts.
- Card payments through Stripe. If you connect Stripe in Crewer, you open your own Stripe account through Stripe Connect, with your own full Stripe Dashboard, and card processing is provided by Stripe under the Stripe Connected Account Agreement. Your customers pay your own Stripe account directly. You pay the all in card rate shown in Crewer for each payment (3.5% + 30¢ unless we agree a different rate with you). That rate is made of Stripe's own processing fee, which Stripe charges to your Stripe account (for example 2.9% + 30¢ for domestic cards, more for international cards or currency conversion), plus Crewer's platform fee, which is the rest of the rate (0.6% at the standard rate) and is taken from each payment as an application fee. You manage your Stripe account, payouts, refunds and disputes in your own Stripe Dashboard. Stripe remains the payment processor, and your own Stripe account receives and holds the funds. Crewer is not a money transmitter and never holds your funds.
- Refunds to your customers. You make refunds from your Stripe Dashboard or from Crewer. When you refund a payment, Stripe's processing fee and Crewer's platform fee on that payment are not returned to you.
- Payment links during calls. Where available, the Recover AI can text your customer a secure link to your own Stripe payment page during a call. The customer types card details only on Stripe's page. The AI never asks for or takes card numbers.
- Tap to pay. Taking card payments on the technician's phone is not available yet. If we offer it, it will be provided by Stripe (Stripe Terminal) under Stripe's terms.
- Disputes. If one of your customers disputes a card payment (a chargeback), the dispute is handled on your own Stripe account: Stripe charges its dispute fee to your Stripe account under its terms, and you respond to the dispute in your Stripe Dashboard. Crewer does not add a dispute fee.
- International cards. For a card issued outside the country of your Stripe account, we may charge an extra 1% of the payment, added to your next Crewer invoice. We will tell you before we turn this on for your account.
- Payout reserve. To manage risk, for example after many disputes or refunds, we may ask Stripe to delay the payouts of your Stripe account to your bank for up to 30 days, where Stripe allows it. We will tell you when we do.
- No agency. We are independent contractors. Nothing in these terms makes us your partner, employee, agent or joint venturer.
10Service availability and emergencies
- No service levels. We do not offer a service level agreement or uptime commitment unless we sign one with you in writing. The Service may be unavailable at times, including for maintenance and updates.
- Calls and messages may fail. Calls may be missed, dropped or cut off, and messages may be delayed, filtered, blocked or not delivered, for example because of carriers, networks, devices, third party providers or settings. We are not responsible for these failures or for business lost because of them.
- Usage limits. When your included usage or Crewer credit runs out, or a payment fails, features stop as described in section 3. Set up your call flow fallback and keep enough credit if you need the Service to keep working. We are not responsible for calls missed or follow ups delayed because of these limits.
- Not for emergencies. The Service, including the AI receptionist, is not an emergency service. It is not designed to place or route calls to 911 or other emergency services and must not be relied on for urgent safety situations. Anyone with an emergency, such as a fire, gas leak, flood, injury or crime, must call 911 or their local emergency number. You are responsible for any emergency or after hours service you offer your customers.
11Third party services
The Service relies on third party providers for hosting, telephony, texting, email, push notifications, payments and AI, and may connect with other tools you choose, such as Google Ads, Jobber, Housecall Pro, ServiceTitan or Workiz. When you connect a tool, you authorize us to access it with the credentials you give us and to exchange data with it as the feature describes. Your use of those services is subject to their own terms. We are not responsible for third party services, or for outages, failures, changes or decisions of third party networks, carriers, platforms or providers, including changes that stop an import or connection from working.
12Our intellectual property
We own the Service, including its software, design, content and brand. We give you a limited, non exclusive, non transferable, revocable right to use the Service during your subscription, for your internal business purposes, under these terms. If you send us feedback, we may use it without any obligation to you.
13Suspension
We may suspend all or part of the Service (for example, outbound calls or texts only), with notice where reasonable, if:
- You do not pay.
- You break section 6 or section 7, or we reasonably believe you have.
- We receive complaints, opt out rates or carrier reports that suggest unlawful or unwanted calling or texting.
- A carrier, payment processor or authority requires it.
- Your use creates a security risk or could cause harm or legal liability to us or others.
We will restore the Service once the issue is fixed. You still owe fees during a suspension caused by you.
14Termination
- You may end these terms by canceling as described in section 4.
- We may end these terms with 30 days notice for any reason. If we do, we will refund any prepaid fees for the unused period.
- We may end these terms right away if you seriously break them, or break section 6 or 7.
- When these terms end, your access stops and any amounts you owe become due. Section 3 (for amounts owed), section 5 (export, deletion and deidentified data), sections 6 to 10, section 12 and sections 15 to 20, and any other terms that by their nature should continue, survive.
15Warranty disclaimer
The Service and all AI output are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties and conditions, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non infringement and accuracy. We do not promise the Service will be uninterrupted, secure or error free, that every call will be answered or recorded, that every message will be delivered, that transcripts or AI output will be accurate, or that the Service or its tools will make you compliant with any law. We do not promise any level of bookings, sales or revenue.
16Limitation of liability
To the fullest extent the law allows:
- No indirect damages. Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost jobs, lost goodwill or lost or corrupted data, even if told they were possible.
- Cap. Our total liability for all claims relating to the Service or these terms, together, is limited to the greater of (a) the fees you paid us in the 3 months before the event that gave rise to the first claim, or (b) US $100.
- No personal liability. Our members, managers, officers, employees, agents and service providers have no personal liability to you for any claim relating to the Service or these terms. You will bring any claim only against BA Service Group LLC. These people may rely on this section.
- Applies to all claims. These limits apply to every kind of claim, whether in contract, tort (including negligence), statute or otherwise, and even if a remedy fails of its essential purpose.
The exclusion of indirect damages does not limit your payment obligations, your obligations under section 17, or your liability for breaking section 6 or 7. Nothing in these terms limits liability that the law does not allow to be limited, such as liability for fraud or, where required, for gross negligence or willful misconduct. Some places do not allow some of these limits, so they apply only as far as the law allows.
17Indemnity
You will defend, indemnify and hold harmless BA Service Group LLC and its members, managers, officers, employees, agents and service providers against all claims, demands, investigations, fines, penalties, settlements, damages, losses and costs (including reasonable legal fees) arising from or relating to:
- Your Customer Data, and your collection and use of it.
- Calls, texts and recordings made through your account, and tracking on your website, including any claim under recording, wiretap, eavesdropping, TCPA, CASL, Do Not Call, telemarketing, consumer protection or privacy laws.
- Data you send to services you connect, such as Google Ads, and data you import from other software.
- Content you approve or send, the settings and instructions you give, and your use of AI output.
- Your products, services, estimates, work, warranties and payments, and anything you or your technicians do or promise to your customers.
- Claims by your staff or technicians, including about recording, location tracking or pay.
- Your breach of these terms or of the law.
We will tell you of a claim, though a delay in telling you only reduces your duty to the extent the delay harms you. You may control the defense with counsel reasonably acceptable to us. We may join with our own counsel at our cost. You may not settle a claim in a way that admits fault for us or imposes any duty on us without our written consent.
18Governing law, arbitration and class waiver
Please read this section carefully. It requires disputes to be resolved by individual arbitration and waives jury trials and class actions.
- Governing law. These terms and any dispute relating to them or the Service are governed by the laws of the State of Florida and applicable US federal law, including the Federal Arbitration Act, without regard to conflict of law rules.
- Talk to us first. Before starting arbitration or a court case, the party with the claim must send the other a written notice describing the claim and the relief wanted (to us at info@crewer.io, to you at the email on your account). Both parties will try in good faith to resolve it for 30 days after the notice.
- Binding arbitration. If it is not resolved, any dispute, claim or controversy relating to these terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The seat of arbitration is Pinellas County, Florida. Hearings may be held by video where the arbitrator allows. Judgment on the award may be entered in any court with jurisdiction. The arbitrator decides questions about the scope and enforceability of this agreement to arbitrate, except that a court decides questions about the class action waiver below.
- Individual claims only. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine claims of different customers or award relief to anyone other than the individual party.
- Jury waiver. To the extent the law allows, each party waives any right to a jury trial in any dispute relating to these terms or the Service.
- Exceptions. Either party may bring an individual claim in a small claims court that has jurisdiction, as long as it stays there. Either party may also go to court for an injunction to stop misuse of its intellectual property or unauthorized access to or use of the Service.
- Courts. Any matter allowed to go to court will be heard only in the state or federal courts located in Pinellas County, Florida, and both parties agree to that venue and jurisdiction. If the class action waiver is found unenforceable for a claim, that claim will go to those courts, not to class arbitration.
- Time limit. To the extent the law allows, any claim must be started within 1 year after it arose, or it is permanently barred.
- Canada. The Service is offered for business use only. If you are in Canada and a law of your province that cannot be waived by contract gives you a different right or forum, this section applies only as far as that law allows.
19Changes to these terms
We may update these terms. We will post the new version here and change the date at the top. For significant changes, we will give at least 30 days notice by email or in the app. If you keep using the Service after changes take effect, you accept them. If you do not agree, you can cancel before they take effect. Changes to section 18 do not apply to a dispute that one party already gave notice of before the change.
20General
- Entire agreement. These terms, the Privacy Policy, any order form and any Data Processing Addendum we sign are the entire agreement between us about the Service, and replace any earlier discussions. Terms in your purchase orders or other documents do not apply.
- Electronic acceptance. You accept these terms by clicking to agree, creating an account or using the Service. That acceptance is an electronic signature and is as binding as a signed paper contract.
- Notices. We may give you notices by email to the address on your account or in the app. Notices are received when sent. Notices to us go to info@crewer.io. Keep your email address current.
- Severability. If any part is found unenforceable, it will be enforced as far as possible and the rest stays in effect.
- No waiver. If we do not enforce a right, or delay doing so, we do not waive it.
- Assignment. You may not transfer these terms without our written consent. We may transfer them without your consent, including as part of a merger, reorganization or sale of our business or assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, power or internet failures, carrier or provider outages, cyberattacks, labor disputes, war, government action or changes in law. This does not excuse your payment obligations.
- Third parties. No one else has rights under these terms, except the people protected by sections 16 and 17.
- Interpretation. Headings are for convenience only. “Including” means including without limitation.
21Contact
BA Service Group LLC, doing business as Crewer
7901 4th Street North, STE 300, St. Petersburg, FL 33702, USA
Phone: (305) 373-4477
Email: info@crewer.io