Thanks for choosing Crew Metrics! These terms of service ("Terms") cover your use and access to the Crew Metrics dashboard, mobile apps, customer support provided by Crew Metrics, and any affiliated partners. Crew Metrics will allow you to view a summary of biometric data from a select group of participants ("Crews"). By using our services, you are agreeing to be bound by these terms. You are also agreeing to these terms as a representative of your Crew and on behalf of your Crew.
End User Data
Using Crew Metrics will allow you to connect one or multiple fitness tracking devices ("Wearables") through their associated mobile apps. End users may choose which data they wish to share with Crew Metrics. Selected data will be made available to Crew Metrics, as well as to the creator of the Crew. End users will always have access to any biometric data and contact information submitted to Crew Metrics. This data and information may be removed at any time by disabling connectivity to the wearable app (For example, disabling Fitbit's connection to the individual's Crew Metrics account), or by deleting the account altogether.
Crews may have established administrators ("Admins"). These users assume administrative responsibility for the Crew. Admins have access to unique administrative tools and are capable of adding users to Crews, deleting accounts, naming and re-naming accounts, assigning users to shifts, banning users, and viewing wearable-acquired user data at any time.
Admins will also be able to export and download user data, create rewards programs for participation, use provided data to create and maintain wellness programs, and to advocate on their organization's behalf by demonstrating risk reduction through use of and compliance with wearable-facilitated standards (For example, sleep and exercise requirements).
Admins may share information with their affiliated organizations (The purchasing or otherwise participating entity, such as an EMS agency, Fire department, or fitness program) and this information may be used to make employment decisions including, but not limited to decisions regarding scheduling, bonuses, promotions, or employment status.
Admins and their affiliated organizations must inform all participating individuals (Crew members) of any and all employment decisions which may be made as the result of participation. This information must be provided in writing and users must confirm their understanding and agreement by expressed, written consent.
Admins and their affiliated organizations must also agree not to share any data or contact information provided by individual end users or otherwise obtained through Crew Metrics with any third party without the user's express consent or unless required to do so by law.
Crew Metrics and its affiliates will not share your personal or any Crew data with any third parties unless it is with express user consent or unless required to do so by law.
However, anonymous multi-user aggregate data may be used to demonstrate use and trends, validate efficacy, or to otherwise demonstrate Crew Metrics as a product to investors, clients, or potential buyers, or as a means of marketing or supporting research and development.
Admins and their affiliated organizations are responsible for the disclosure of intended use of any user data. Admins and their affiliated organizations are also responsible for maintaining and safeguarding user data.
Admins and their affiliated organizations are responsible for developing and maintaining any safety, risk, and wellness standards.
All users are responsible for the protection of their password (You are responsible for the protection of your password) as well as for the protection of any passwords affiliated with your organization's use of Crew Metrics. Please do not share your password with anyone you do not trust.
Choose a password that is not likely to be guessed and change your password regularly.
It is your responsibility to keep your email address and all other contact information current and up-to-date. Communication with regards to billing, updates, changes in terms of service, etc. rely on your current and up-to-date contact information.
It is the responsibility of Crew members to sync their data on a regular basis.
Crew Metrics is not responsible for the accuracy of wearable-transmitted data. Crew Metrics has no control over the wearables themselves, nor their accuracy or reliability (Wearables include Fitbit, Garmin, Apple Watch, etc.). The reliability of the devices themselves and their accuracy are the responsibility of the manufacturers of these products. Please understand that it is possible for errors and inaccuracies to occur and Crew Metrics is unable to guarantee that errors or inaccuracies will never occur. In choosing to utilize this service, you are acknowledging and accepting its limitations including, but not limited to device or software malfunction, problems with connectivity, and inaccuracies in wearable data tracking.
You are ultimately responsible for your health, safety, and fitness to fulfill the duties of your employment.
You and only you are responsible for determining whether or not you are too tired, too fatigued, or too ill-fit to work or to fulfill essential obligations of your employment or membership with your organization.
By utilizing Crew Metrics, you agree to hold harmless Crew Metrics, and its affiliates for any errors, damages, costs, accidents, incidents, or injuries or dismemberment up to and including death as a result of lack of sleep, fatigue, or ill-fitness.
By utilizing Crew Metrics, you agree that it is not the admin of your crew, their affiliated organization, or your employer's responsibility to determine whether or not you are too tired, fatigued, or ill-fit to operate a motor vehicle or to perform any other essential duties associated with your employment or membership with the affiliated organization. You understand that this responsibility is yours and yours alone.
Crew Metrics Branding Materials Ownership
Our company and its services are protected by trademark, copyright, and other US and international laws. Utilization of our services does not grant you the right to use our content, copyrighted or trademarked material, or brand image.
The following applies to paid accounts only:
1. Billing: We will automatically bill you for the amount specified during your initial purchase.
2. Downgrades: You may downgrade at any time. Downgrades on monthly memberships will apply to the next month's billing cycle.
3. No refunds: Crew Metrics may hear individual cases, accept feedback, and attempt to reasonably remedy select situations. However, we have no obligation to issue refunds and as official policy, all sales are final.
4. Price and fees change: We may change prices and/or fees at any given time and will make an effort to provide you with advance notice of any price or fee changes through your affiliated email address.
5. Email address: If your employer or other admin signs you up with your email address, they may be able to access your account until you change your password. In this situation, please do not connect your wearable device app to Crew Metrics until after you've changed your password.
Discontinuation of Service
You are free to to discontinue using Crew Metrics as any time ad to delete your account information. Crew Metrics reserves the right to delete your account for violation of terms of service or if we believe that you or your participation are causing harm to Crew Metrics and our community. We also reserve the right to delete any account that has been inactive for a period greater than 12 months and will make an attempt to warn you of the potential of this deletion in advance by email.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CREW METRICS MAKES NO AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY OR ADEQUACY OF THE SERVICES FOR ANY PURPOSE OR USE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT COUNT IT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO CREW METRICS FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Before filing a claim, you agree attempt to settle any dispute with Crew Metrics informally by calling us or by emailing firstname.lastname@example.org. If after 14 days the dispute is not resolved to your satisfaction, you or Crew Metrics may bring a formal proceeding.
No class actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware other than its conflict of laws principles. The parties agree that in the event that any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in New Castle County, Delaware, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.
This Agreement and the Attachments hereto constitute the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties.
Waiver, Severability & Assignment
Crew Metric's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Count It may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We reserve the right to modify the website and these terms at any time. If any substantial change is made which will have such an effect on this agreement, a good faith effort will be made by Crew Metrics to notify all affected parties by email.