1. Definitions
“Service” Refers to ProfitOps software through all points of access.
"Customer" refers to the legal entity or business subscribing to the Service.
"Authorized User" refers to employees, contractors, or agents of the Customer who are authorized to use the Service (e.g., field technicians, admins, supervisors).
"Customer Data" means all electronic data, location data, work order details, and information submitted by the Customer or its Authorized Users to the Service.
2. Customer Responsibilities (The "Employee Consent" Clause)
2.1. Consent for Tracking and Monitoring. The Service includes features that require the monitoring and recording of Authorized Users' location, time, and activity ("Tracking Data"). Customer represents and warrants that they have obtained all necessary consents, provided all necessary notices, and are in compliance with all applicable labor and privacy laws (including but not limited to GDPR, CCPA, and local employment laws) regarding the collection and use of such Tracking Data from its Authorized Users.
2.2. Liability for Unauthorized Tracking. ProfitOps acts solely as a data processor. Customer agrees to indemnify and hold ProfitOps harmless from any claims, damages, or lawsuits arising from Customer’s failure to obtain proper consent from Authorized Users for location tracking or monitoring. It is the customers responsibility to ensure their use of this service does not violate applicable local or national law.
3. Work Order Accuracy and Offline Data
3.1. Data Synchronization. The Customer acknowledges that the Service may allow for offline data entry, which is synchronized when an internet connection is restored. ProfitOps is not responsible for data loss, conflicts, or discrepancies resulting from:
(a) failure of an Authorized User’s device to sync.
(b) hardware malfunctions; or
(c) conflicting edits made to a Work Order by multiple users simultaneously.
3.2. Verification of Work. The Service is a tool for management and tracking. ProfitOps does not verify the accuracy, quality, or completeness of the work performed by Authorized Users as recorded in the Service.
4. Safety and Hazardous Environments
4.1. Safe Use. Customer and Authorized Users agree not to use the Service in a manner that distracts from safety protocols or compliance with traffic and safety laws. ProfitOps is not liable for accidents, injuries, or property damage occurring while an Authorized User is operating the Service in the field, including while driving or operating heavy machinery.
5. Limitation of Liability (The "Cap")
5.1. Indirect Damages. In no event shall ProfitOps be liable for any indirect, punitive, special, or consequential damages, including lost profits, business interruption, or loss of data, arising out of the use of the Service.
5.2. Liability Cap. To the maximum extent permitted by law, ProfitOps's total aggregate liability under this agreement shall not exceed the amount actually paid by Customer to ProfitOps in the twelve (12) months preceding the event giving rise to the claim.
6. Subscription and Termination
6.1. Subscription Term. The Service is billed on a [Monthly/Annual] basis. The Agreement will automatically renew for the same duration unless either party gives notice of non-renewal at least thirty (30) days before the end of the current term.
6.2. Termination for Cause. Either party may terminate this Agreement immediately if the other party commits a material breach and fails to cure such breach within thirty (30) days of written notice.
Implementation Checklist
Click-Wrap Agreement: Ensure that when a new company signs up, an administrator must check a box saying "I agree to the Terms of Service" before they can access the account.
Privacy Policy Link: Your ToS must link to a separate Privacy Policy that details exactly how you handle the location data technically (encryption, retention periods).
Field Worker View: Consider adding a simplified "End User License Agreement" (EULA) or a simple consent screen on the mobile app for field workers that says: "I understand this app tracks my location for work purposes."