You should carefully read the following terms before accessing or using the BuildTime Platform provided by BuildTime, LLC (“BuildTime” or “we/us/our”). By clicking to accept or proceed or by otherwise proceeding to use the BuildTime Platform, you acknowledge your acceptance of the terms below (“Terms of Service”). The “Agreement” means these Terms of Service, the pricing and features you select as part of your BuildTime Platform plan, the documents incorporated by reference (including the DPA) and any written order you and BuildTime execute that refers to these Terms of Service. Clicking to proceed or register (including by clicking “Continue to Trial” or clicking “Start Tour” to proceed with a tour of the BuildTime Platform) is a legally valid way to enter into an agreement and constitutes your electronic signature to this Agreement.
You are entering into this Agreement as the representative of the corporation or other legal entity indicated in your registration, and all references to “you” in this Agreement after this paragraph mean that corporation or other legal entity. By clicking as described above you represent and warrant (x) that you are currently employed by that entity and have the authority and legal ability to enter into this Agreement on behalf of that entity, and (y) the entity agrees to be bound by all of the terms of this Agreement.
Please read the Agreement carefully. The Agreement contains terms and conditions which limit BuildTime’s liability, limit your rights, and impose responsibilities on you. If you do not agree to the terms and conditions of this Agreement, then do not proceed further.
Copies of these Terms of Service are available for download and printing by using current web browser software and going to https://buildtime.us/terms.
If you and BuildTime execute a written order for the BuildTime Platform that references these Terms of Service, then that order may contain different or additional terms regarding fees, payment, or other aspects of the BuildTime Platform, and those additional terms will be part of this Agreement and control over the terms below.
In addition to terms which may be defined in context, a glossary of defined terms has been included at the end.
BUILDTIME PLATFORM
ACCOUNT
When you register for the BuildTime Platform you will create your Account. As part of creating and updating your Account you will provide certain identifying business and contact information, such as name, phone number, email address, and if applicable, payment information (“Account Information”).
TRIAL VERSION
If you subscribe to the BuildTime Platform on a freemium, "guided tour," trial, evaluation, demonstration, or similar arrangement (any of these, a "Trial Basis"), then you may use the BuildTime Platform only until the earlier of (a) the end of the Trial Basis period for which you registered to use the BuildTime Platform, (b) the start date of any purchased subscription ordered by you for BuildTime Platform, or (c) termination by BuildTime in its sole discretion. Additional trial terms and conditions may appear on the order or registration page governing such Trial Basis. Use of the BuildTime Platform on a Trial Basis is "as-is" without any warranty, support or indemnification obligations or liability of any type on behalf of BuildTime.
BUILDTIME APP
Users may download the BuildTime App to mobile phones and tablets to perform badge scanning for Crew Members at a project location and for Users to access the BuildTime Platform from their mobile devices. Use of the BuildTime App is subject to separate terms and conditions which are available as part of the download.
ACCOUNT MANAGEMENT
The Admin User acts as the administrator of your Account and may invite, edit and delete Users. The Admin User is able to provision your Users’ log-in access to the BuildTime Platform and BuildTime App. You are responsible for ensuring that all information regarding Users is accurate and current. You can update your User information as provided through the BuildTime Platform. Your and your Users’ protection of their IDs, passwords and identifying information is an integral part of maintaining the privacy and integrity of data in the BuildTime Platform. You shall keep confidential and not disclose, nor permit any User to disclose, any such information to third parties. You are responsible for decommissioning logins or badges for Users or Crew Members who are no longer part of your organization. For any Users or Crew Members who are decommissioned, Your Data regarding those persons will be retained in the BuildTime Platform for a limited period of time, but it is your responsibility to download relevant records and information relating to them promptly after decommissioning, so you should not rely further on BuildTime for their information after such decommissioning. You shall notify BuildTime immediately at security@buildtime.us of any unauthorized use of any login information regarding your Users or Crew Members or any other known or suspected breach of security with respect to your use of the BuildTime Platform. You are responsible for ensuring that all Users comply with the terms of this Agreement and for all activities of Users and others that occur through your Account.
SET-UP AND CONFIGURATION
The BuildTime Platform provides a framework for your Admin User to configure applicable union pay rules for your Crew Members. You are responsible for configuring your local union rules in the BuildTime Platform using this framework and updating that information accordingly. The BuildTime Platform calculates hours for pay classifications for Crew Members based on your configured rules (standard time, premium time, overtime, premium overtime, etc.) and provides you the resulting information for you to use as you calculate actual pay and process payroll in your own systems. The BuildTime Platform will generate “flags” based on badge scans by Crew Members as described in the Documentation, and certain “flags” may be customized by you (as described in the Documentation) to allow Users to manage exceptions to your rules.
USE OF BUILDTIME PLATFORM
Subject to the terms and conditions of this Agreement, BuildTime grants you a nonexclusive, nontransferable, nonsublicensable license for you and your Users to use the BuildTime Platform during the term of this Agreement for your internal business purposes of tracking, scheduling, and managing timekeeping and compliance for your Crew Members. You and your Users may also access and use the Documentation during the term of this Agreement solely in connection with their permitted use of the BuildTime Platform.
LIMITATIONS ON USE
The Documentation contains requirements and instructions for the use of the BuildTime Platform, and your use is subject to these as well as the other limitations on the BuildTime Platform for the plan you have subscribed to. You shall not use the BuildTime Platform in a manner that violates any laws, infringes the rights of anyone, or damages any person or property. In addition, you may not use the BuildTime Platform for purposes of monitoring the BuildTime Platform’s performance or functionality or for any other benchmarking or competitive purposes.
YOUR RESPONSIBILITIES
Users who are supervisors of Crew Members are responsible for confirming the accuracy of time entries by Crew Members, should review their time records daily, and are required in the BuildTime App to do a final weekly review before submitting this time to your payroll Users through the BuildTime Platform. Upon receipt of these submitted time records, Users on your payroll team are responsible to review them for accuracy; once you have ensured the submissions are accurate, then you can transfer the relevant data from the BuildTime System to your payroll system. BuildTime relies on you to monitor how you configure the BuildTime Platform and the data you and your Users provide to the BuildTime Platform and to verify the accuracy of Your Data. It is your responsibility to review Your Data and to promptly identify any errors. You acknowledge that BuildTime is entitled to rely conclusively on all Your Data input by Users or which your Users are responsible for reviewing, and BuildTime does not have any obligation to monitor, verify, correct, or otherwise ensure the accuracy or quality of Your Data. BuildTime is not responsible for any resulting fines, claims, under- or over-payments, or any other liability resulting from your failure to review, verify and correct Your Data. You represent and warrant that (a) you have the right to use and provide to BuildTime all Your Data for use as described in this Agreement, and (b) if and as necessary, you have obtained any required consents from Crew Members and Users for the uploading, storing, processing, and use of Your Data by the BuildTime Platform and by BuildTime as set forth in this Agreement. You and your Users shall not upload or provide to BuildTime or the BuildTime Platform (i) any virus, malware, or anything else that may disrupt, damage, or adversely affect any software, hardware, telecommunications equipment or data of BuildTime or any third party, or (ii) any data or materials that are defamatory, obscene, or violate the rights of others or applicable law.
USE WITH THIRD PARTY SYSTEMS
The BuildTime Platform may provide you the capability to export Your Data to certain Third Party Systems. BuildTime does not operate, support or maintain or endorse any such Third Party Systems and is otherwise not responsible for such Third Party Systems; consequently, BuildTime disclaims any and all liability arising from or relating to the Third Party Systems.
RESERVATION OF RIGHTS
Except for the limited rights expressly granted in this Agreement, BuildTime reserves all rights, title and interest in and to the BuildTime Platform, technology, and other materials included in or comprising the BuildTime Platform, and all related intellectual property rights. No rights are granted to you other than as expressly set forth in this Agreement. Without limiting the generality of the foregoing and in addition to other limitations in this Agreement, you may not (a) resell, distribute, sublicense, copy, modify, or publicly display the BuildTime Platform; (b) use the BuildTime Platform on behalf of any third party; (c) decompile or reverse engineer any software used to provide BuildTime Platform; (d) remove any proprietary rights notices on the Documentation or any displays of any portions of BuildTime Platform (e.g., screen shots); or (e) attempt to gain unauthorized access to the BuildTime Platform or circumvent any security measures within the BuildTime Platform.
SUPPORT
BuildTime provides Support Services for the BuildTime Platform as described in its Support Policy. The Support Policy specifies certain limitations and requirements that apply to the Support Services. In addition, BuildTime will neither be responsible for, nor obligated to provide Support Services for: (a) Third Party Systems, (b) devices, equipment or accessories not furnished by BuildTime; (c) accident, neglect or misuse by your Users or Crew Members; (d) your failure to use or operate the BuildTime Platform in accordance with the Documentation; or (e) malfunctions or other problems caused outside the BuildTime Platform, BuildTime Apps, or BuildTime’s control.
DATA
Your Data
You own Your Data. You hereby grant to BuildTime and its affiliates, a nonexclusive, nontransferable (except with a permitted assignment of the Agreement), worldwide and royalty-free right to copy, modify, display, transmit, perform, prepare derivative works of, and otherwise use the as necessary to provide the BuildTime Platform to you, to support and maintain the BuildTime Platform and for any other uses expressly permitted in this Agreement.
Usage Data
As a part of the BuildTime Platform, BuildTime and its service providers may collect, process, store, modify, aggregate and otherwise use Usage Data. BuildTime owns and retains all rights in the Usage Data and any resulting aggregations, but BuildTime will not publish Usage Data or any resulting aggregation in a manner that identifies you or your Users or Crew Members as the source or that discloses Your Data without your prior consent.
General Use by BuildTime
You acknowledge that BuildTime may use third party service providers for some or all of the operations that make available the BuildTime Platform. BuildTime may permit Your Data to be used by a third party (a) as part of that third party’s hosting, transmission or other duties, as long as the third party provider agrees to abide by confidentiality obligations similar to the ones contained in this Agreement, or (b) in connection with a permitted assignment of this Agreement. In addition, BuildTime may disclose Your Data if required by law or to any government body upon its audit or other inspection of the records or facilities of BuildTime or its providers.
SECURITY
BuildTime has implemented comprehensive IT and data security policies and practices and agrees to maintain and update them periodically to maintain an appropriate level of security. The parties acknowledge that risks and data security regulations and best practices change over time and consequently. BuildTime reviews its data security policies and program on a regular basis and modifies them as necessary.
CONFIDENTIALITY
“Confidential Information” means any trade secrets and other information that is of value to its owner and is treated as confidential. Confidential Information includes Your Data. Confidential Information of BuildTime includes the BuildTime Platform and Documentation. Confidential Information does not include information which (a) was in the public domain at the time it was disclosed or becomes in the public domain through no fault of the receiver; (b) can be shown by written documentation to have been known to the receiver, without restriction, at the time of disclosure; (c) was independently developed by the receiver without any use of the discloser’s Confidential Information; or (d) becomes known to the receiver, without restriction, from a source other than the discloser without breach of any confidentiality agreement and otherwise not in violation of the discloser’s rights. Each party shall treat the Confidential Information of the other party in a confidential manner with the same degree of care as it treats its own proprietary information of like importance, but with no less than a reasonable degree of care. The receiving party shall not use or disclose the Confidential Information for any purpose other than as expressly permitted in this Agreement. A party may disclose Confidential Information pursuant to the order or requirement of a court or other government body, but that party shall notify the other party in advance (to the extent permitted by applicable law) to enable the other party to take protective measures.
PERSONAL DATA
In connection with the BuildTime Platform, BuildTime may receive, process, and store Personal Data. BuildTime shall safeguard and process Personal Data in accordance with the DPA and the provisions of this Agreement.
SUGGESTIONS
You grant BuildTime a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the BuildTime Platform any suggestions, enhancement requests, recommendations or other feedback provided by you, including your Users, relating to the BuildTime Platform (“Feedback”). BuildTime may use and incorporate any Feedback without any compensation or acknowledgment to you.
FEES AND PAYMENT
Fees and Pricing
Prices and pricing plans for the BuildTime Platform are made available at https://buildtime.us/pricing. When you purchase a paid subscription under your Account, you will then pay the fees applicable to your BuildTime Platform subscription. BuildTime may increase the prices at any time by posting notice through the BuildTime Platform.
Payment
If you are paying by credit card, you authorize BuildTime to bill the fees to the credit card you provide when they are due. BuildTime’s acceptance of a credit card does not relieve you from any obligation to pay for the use of the BuildTime Platform. BuildTime uses third party payment processors for credit card payment, and you consent to BuildTime’s use and the provision of your Account Information as necessary for their processing. BuildTime may invoice you for amounts due if credit card payment is not effective for any reason. If BuildTime invoices you for fees, then you shall pay any invoice within 30 days of the date of invoice. You shall pay interest in the lesser of 1.5% per month or the highest amount allowed by law on any amounts not received when due. Fees are exclusive of taxes unless otherwise expressly indicated. You shall pay all applicable sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by BuildTime or by any authority in connection with or arising from the use of the BuildTime Platform, excluding taxes based upon BuildTime’s net income. All fees are nonrefundable.
DISCLAIMERS
General
The BuildTime Platform is provided without warranty of any kind, whether express or implied. to the fullest extent permitted by applicable law, BuildTime disclaims any and all warranties and conditions including (i) that the BuildTime Platform will meet your requirements; (ii) implied warranties of non-infringement, merchantability, satisfactory quality, and fitness for a particular purpose; or (iii) that the BuildTime Platform will be secure, uninterrupted, virus-free, or error-free.
Limitations of the BuildTime Platform
The BuildTime Platform is a tool that simplifies tracking and management of Crew Member timekeeping and scheduling, but BuildTime and the BuildTime Platform do not provide payroll processing or pay calculations. It is your sole responsibility and duty to ensure compliance with all applicable laws and regulations related to your business and your Crew Members, and using the BuildTime Platform or engaging BuildTime does not relieve you of any such obligation. You are solely responsible for configuring the BuildTime platform based on your unions and your rules and reviewing and verifying the accuracy and integrity of all Your Data, including prior to entering any of Your Data for payroll processing. You further acknowledge that BuildTime is not an accounting or law firm and neither BuildTime’s services nor the BuildTime Platform will be construed as employment, tax, accounting, or legal advice. You are solely responsible for any payment, hiring, termination, and employment-related decisions or actions you take regarding your Crew Members, and BuildTime has no responsibility for any liability arising from the foregoing.
Communications
BuildTime does not and cannot control the flow of data to or from the BuildTime Platform, your network, or Third Party Systems, or through the Internet. Such flow of data depends in large part on services provided or controlled by third parties, and at times, actions or inactions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). BuildTime cannot guarantee that such events will not occur. Accordingly, BuildTime disclaims any and all liability resulting from or related to such events.
INDEMNIFICATION
BuildTime’s Indemnification
BuildTime shall defend at its expense any claim brought by a third party against you that the BuildTime Platform infringes any patent, copyright, trademark or trade secret of any third party (“Claim”) and shall pay any award of damages and costs made against you in a final judgment by a court of competent jurisdiction, or any amount in settlement, arising out of a Claim. If the use of the BuildTime Platform becomes, or in BuildTime’s opinion is likely to become, the subject of a Claim, then BuildTime at BuildTime’s option and expense may either (a) procure the right for you to continue to use the BuildTime Platform as permitted under this Agreement, or (b) replace or modify the BuildTime Platform so that it becomes noninfringing. If unable to do (a) or (b) after exercising commercially reasonable efforts, then BuildTime may terminate this Agreement upon written notice to you. At such time, BuildTime shall return to you a prorated portion (calculated on a daily basis as of the date of notification of termination by BuildTime) of any subscription fees which have been prepaid for the period of time for which you will no longer receive access to the BuildTime Platform. BuildTime will have no liability for any Claims caused by or contributed to by (i) any modification or alteration of the BuildTime Platform performed other than by BuildTime, (ii) use of the BuildTime Platform other than as specified in its Documentation and under this Agreement, (iii) any hardware, software, data or other materials not provided by BuildTime, (iv) the combination or use of the BuildTime Platform with non-BuildTime software, hardware, data, materials or services, or (v) any other acts by you in violation of this Agreement. This Section states your exclusive remedy against BuildTime and the complete liability of BuildTime with respect to any Claim.
Your Indemnification
You shall defend at your expense any claim brought by a third party against BuildTime based on the following: (a) your breach of the “Your Responsibilities” section of this Agreement, (b) Your Data violates any rights of third parties; or (c) your actions or decisions affecting Crew Members, including without limitation their compensation, benefits, status, promotion/demotion, termination, union membership, or employment relationship; and you shall pay any award of damages and costs made against them in a final judgment by a court of competent jurisdiction, or any amount in settlement, arising out of a these claims.
Process
The indemnified party shall (a) provide the indemnifying party prompt written notice of the claim; (b) provide reasonable assistance and cooperation to enable the indemnifying party to defend the claim; and (c) give the indemnifying party sole control over the defense of the claim and any negotiations for its settlement; however, any settlement requiring any action (other than BuildTime’s termination of the BuildTime Platform pursuant to the “BuildTime’s Indemnification” Section above) or admission on the part of the indemnified party is subject to the indemnified party’s prior written consent.
LIMITATION OF LIABILITY
BuildTime, its affiliates, and its and their officers, directors, employees and agents, will not be liable for any of the following in any way connected with the BuildTime Platform or this Agreement: (a) any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, use, or data, even if BuildTime has been advised of the possibilities of those damages, or (b) any amount exceeding the greater of (1) fees you have paid to BuildTime for the BuildTime Platform in the 12 months immediately preceding the claim or cause of action or (2) US$100. Certain jurisdictions do not allow the exclusion or limitation of certain damages, so this section may not apply to you if and to the extent not allowed by law.
SUSPENSION OF ACCESS
BuildTime may suspend your or any User’s access to the BuildTime Platform for any violation of this Agreement or if BuildTime reasonably believes that your or your Users’ activity is harming the BuildTime Platform or the rights or property of any person. You acknowledge that access to Your Data residing in the BuildTime Platform or any other use of the BuildTime Platform may be limited or unavailable during any suspension. BuildTime may exercise these suspension rights prior to exercising its rights under the termination provisions of this Agreement and without prior notice to you. Unless the Agreement is terminated, BuildTime will remove the suspension upon resolution of the cause of the suspension.
TERM AND TERMINATION
You may select the term of your subscription to the BuildTime Platform (either through your Account or separately via a written order with BuildTime); when you first register, the default subscription term is annual. The “Subscription Term” means the subscription period that you have selected for the BuildTime Platform (either in a written order executed with BuildTime or indicated in your Account). The Subscription Term will automatically renew for additional periods equal to your initial subscription period (for example, if your Subscription Term is annual, then your subscription will renew on a annually, cancellable as described below). You may cancel your BuildTime Platform for any reason at any time by emailing cancellation@buildtime.us; canceling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged for the current Subscription Term. BuildTime may also cancel your BuildTime Platform subscription by notifying you, but cancellation will not be effective until the end of the then-current Subscription Term. In addition, BuildTime may terminate this Agreement and your subscription to the BuildTime Platform upon your breach of any of the terms contained in this Agreement if the breach is not cured within 30 days of BuildTime’s notice of the breach.
TERMINATION FOR LEGAL CHANGES
BuildTime may modify or terminate access to the BuildTime Platform (or any component of it) if any change in law, regulation, or similar requirement prevents or hinders BuildTime from providing the BuildTime Platform to you. If BuildTime terminates access to the BuildTime Platform for that reason, then BuildTime will notify you, and BuildTime will provide you, as your sole remedy, a return of a pro-rata amount of any prepaid subscription fees based on the remaining period in your Subscription Term.
EFFECT OF TERMINATION
Upon termination of your BuildTime Platform for any reason, there is no refund of any fees (except as expressly set forth in these Terms of Service), and you will no longer be able to use the BuildTime Platform. BuildTime will permit your Admin User limited access for up to 30 days after termination for you to download existing copies of Your Data from the BuildTime System. BuildTime may retain copies of Your Data for up to 12 months after termination unless you notify BuildTime requesting deletion of Your Data earlier; in addition, BuildTime may continue to retain Your Content to the extent BuildTime is required by applicable law, regulation or legal hold. The following sections of this Agreement survive termination in full force and effect: RESERVATION OF RIGHTS, CONFIDENTIALITY, FEES AND PAYMENT, DISCLAIMERS, INDEMNIFICATION, LIMITATION OF LIABILITY, EFFECT OF TERMINATION, GOVERNING LAW AND LANGUAGE, LIMITATION OF ACTIONS, AND MISCELLANEOUS.
PUBLICITY
You give BuildTime permission to reference you and your organization as a BuildTime customer in BuildTime’s advertising and marketing. You may revoke this right at any time by notifying BuildTime at support@buildtime.us.
GOVERNING LAW, VENUE, AND LANGUAGE
This Agreement is governed by the laws of the state of Georgia, without regard to choice or conflicts of law rules. The exclusive jurisdiction and venue for all actions relating in any manner to this Agreement in any court of competent jurisdiction located in Fulton County, Georgia. Each party hereby consents and submits to the in personam jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
LIMITATION OF ACTIONS
No action arising out of this Agreement, regardless of form, may be brought by you more than one year after the date the cause of action has accrued.
U.S. GOVERNMENT END USE PROVISIONS
The following applies to all acquisitions of the BuildTime Platform and Documentation by or for the U.S. government or by any prime contractor or subcontractor under any contract, grant or other activity with the U.S. government. The BuildTime Platform and Documentation and services utilizing the BuildTime Platform and Documentation provided under this Agreement are “commercial items” as that term is defined at 48 C.F.R. 2.101 consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and other applicable acquisition regulations and are provided to the U.S. Government only as a commercial item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, all U.S. Government users and licensees acquire the BuildTime Platform and its associated services and Documentation with only those rights and subject to the restrictions set forth in this Agreement. Notwithstanding the foregoing, the BuildTime Platform and its associated services and Documentation may not be acquired by the U.S. government pursuant to a contract incorporating clauses prescribed by FAR Subpart 27.4 or DFARS Subpart 227.4.
COMMUNICATIONS
Any notices to BuildTime regarding this Agreement should be sent to support@buildtime.us. BuildTime may contact and notify you at the email address you provided in your Account Information.
MISCELLANEOUS
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. No amendment or waiver of any provision of this Agreement will be effective unless it is in writing, refers to this Agreement, and is signed by authorized representatives of both parties. No failure or delay by either party to exercise any right, power, or remedy constitutes a waiver of that right, power, or remedy. A party’s waiver of the performance of any covenant or any breach is not to be construed as a waiver of any succeeding breach or of any other covenant. If any provision of this Agreement requires judicial interpretation, this Agreement is not to be more strictly construed against one party than the other. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the provision will be ineffective only to the extent of the invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. You may not assign, sublicense, or transfer this Agreement without the prior written consent of BuildTime. Any attempt by you to sublicense, assign or transfer any rights, duties, or obligations hereunder is null and void. BuildTime may assign this Agreement in whole or in part without notice to you. This Agreement constitutes the entire agreement between you and BuildTime on the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals with respect to the subject matter of this Agreement. Any conflicts of interpretation will be resolved in the following order of priority: (a) the DPA (solely with respect to the parties’ obligations to protect Personal Data, subject to the LIMITATION OF LIABILITY section in these Terms of Service); (b) these Terms of Service; and (d) the order or other BuildTime ordering document.
GLOSSARY
"ACCOUNT"
means your online account with BuildTime through which you may configure the union rules for your organization in the BuildTime platform and access and use the BuildTime Platform.
"ADMIN USER"
means the User designated in your Account (ordinarily an HR employee) who is authorized to manage your Account, such as access and logins by Users.
"BUILDTIME APP"
means the BuildTime Supervisor app that may be installed on mobile devices such as phones and tablets and which enables badge scanning by Crew Members at project locations and enables User access to the BuildTime Platform from the User's mobile device.
"BUILDTIME PLATFORM"
means BuildTime's cloud-based tracking and scheduling platform available through https://app.buildtime.us.
"CREW DATA"
means the data regarding your Crew Members input by your Users into the BuildTime Platform or received by the BuildTime Platform from Crew Members' badge scans or similar tracking through the BuildTime App, including the following: identifying information about Crew Members (name, employee ID, union association, and, at your option, their hire date, union classification and payrate); project assignments; time records (from scan in and out); and union-based time calculations for pay purposes (e.g., standard, overtime, premium).
"CREW MEMBER"
means an individual employee of yours, typically part of a job site labor crew, who is identified via badge scans or equivalent identifiers and whose working time is tracked through the BuildTime Platform, but who does not directly access or use the BuildTime Platform.
"DOCUMENTATION"
means the guides, instructions, recommendations, FAQs, and other documentation regarding the BuildTime Platform found at https://help.buildtime.us/.
"DPA"
means the BuildTime Data Processing Addendum available at https://buildtime.us/data-processing-addendum.
"PERSONAL DATA"
is defined in the DPA.
"SUPPORT POLICY"
means BuildTime's support policy available at https://help.buildtime.us/.
"SUPPORT SERVICES"
means online support regarding use and operation of the BuildTime Platform and maintenance of the BuildTime Platform, as described in and in accordance with the Support Policy.
"THIRD PARTY SYSTEMS"
means payroll or ERP systems provided by third parties to which you may export Your Data for payroll processing.
"USAGE DATA"
means the statistics and other data regarding use of the BuildTime Platform and BuildTime Apps, such as the frequency of engagement with the BuildTime Platform and BuildTime App, the features within the BuildTime Platform or BuildTime App that Users or Crew Members interact with, numbers and types of errors, and the like; such data does not include Crew Data or your Account information.
"USER"
means any individual employed or engaged by your organization and authorized by you to access and use the BuildTime Platform, customarily having one of the following roles within your organization: project manager, field supervisor, foreperson, or human resources, payroll, or similar administrator.
"YOUR DATA"
means your Account Information and the Crew Data and resulting records and reports processed at the direction of Users through the BuildTime Platform based on that Crew Data, but does not include Usage Data.