Terms of Service

The agreement

These Terms of Service are a contract between you and Ryan Blair, a sole proprietor doing business as Roster, of 12111 Averhoff Cove, San Antonio, TX 78253. They apply when you create an account, access the application, or use it on behalf of an organization. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and “you” means that company.

If you do not agree to these terms, do not use Roster.

What Roster is, and what it is not

Roster is software that helps a staffing agency post open shifts, offer them to its own worker pool by text message, and track who claimed what.

Accounts and access

• You must give accurate account information and keep it current.
• You are responsible for everything done under your account, including by your staff.
• Keep credentials confidential and tell us promptly at ryan@rhinorosters.com if you suspect unauthorized access.
• Roster uses role-based access: owner, coordinator and viewer. Assigning roles appropriately is your responsibility.
• Accounts are for your organization. Do not resell, sublicense, or provide access to a third party without our written agreement.

Your responsibilities

You are solely responsible for:

• The accuracy of every worker record, mobile number, shift detail and pay rate you enter.
• Having a lawful basis to hold and use each worker’s personal information, and to text them.
• Complying with all laws that apply to your business, including wage and hour law, worker classification, anti-discrimination law, background-check and consumer-report law, and data protection law.
• Honoring your own commitments to workers, including offered shifts, pay and cancellations.
• Message content you send or configure through Roster.

Worker consent to be texted

This clause carries real legal weight, so read it closely.

You represent and warrant that, for every mobile number you load into Roster, you have obtained and can document the consent required by law to send that person text messages about work opportunities. That obligation sits with you, not with us. We do not collect consent on your behalf and we cannot verify it.

You are responsible for compliance with the Telephone Consumer Protection Act, the rules of the CTIA and the mobile carriers, and any state equivalents. You must not use Roster to send marketing, promotional or solicitation messages. Roster is for operational messages to your own worker pool.

Roster automatically detects and honors opt-out replies. You must not text, or ask us to text, anyone who has opted out, and you must not re-add a worker who opted out unless they have asked you to. Full detail is in the Messaging Terms.

Acceptable use

Do not:

• Send unlawful, harassing, deceptive, or misleading messages.
• Upload numbers you did not obtain lawfully, including purchased or scraped lists.
• Attempt to access another organization’s data, probe our security, or bypass access controls.
• Reverse engineer, decompile, or copy the software, or use it to build a competing product.
• Interfere with the service, overload it, or automate access in a way that degrades it for others.
• Use the service to make employment decisions in a way that violates equal opportunity law.

We may suspend access immediately, without notice, if we reasonably believe your use creates legal risk, threatens the service, or violates carrier rules.

Messaging and carrier fees

• Text messages are delivered by third-party carriers and messaging providers. We do not control their networks.
• We do not guarantee that any message will be delivered, or delivered on time. Carriers filter, delay and block messages for reasons outside our control.
• Carrier and provider charges for the messages you send are passed through to you at cost, plus any registration fees the carriers levy. Those rates are set by third parties and can change without our involvement.
• Sending on your own number requires carrier brand and campaign registration. That registration must be completed in the name of the legal entity that operates your business, and you are responsible for the accuracy of what you submit.
• Message and data rates may apply to recipients.

Fees and billing

Subscription fees, included volumes and message pass-through pricing are as quoted to you in writing or shown at signup. Fees are billed in advance, are stated in US dollars, and are non-refundable except where required by law. Pass-through message charges are billed after the fact, based on our provider’s records.

We may change pricing with at least 30 days’ written notice, effective at your next renewal. Carrier pass-through rate changes take effect when the carrier changes them. Overdue amounts may result in suspension after written notice. You are responsible for applicable taxes.

Data ownership

You own your data. Worker records, event details, message history and everything else you put into Roster remain yours. You grant us a limited license to host, process and transmit it solely to provide the service, support you, and comply with law.

We may use aggregated, de-identified statistics that cannot reasonably identify you, your workers, or your clients, to operate and improve the product. We will not disclose your worker lists, client names, or pay rates to anyone.

You can export your data at any time while your account is active. See the Privacy Policy for retention and deletion detail.

Availability

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY MESSAGE WILL BE DELIVERED, OR THAT ANY SHIFT WILL BE FILLED.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR UNFILLED SHIFTS, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR TO YOUR INDEMNITY OBLIGATIONS BELOW.

Indemnity

You will defend, indemnify and hold harmless Ryan Blair from any third-party claim, demand, penalty, fine, loss or expense, including reasonable legal fees, arising out of or relating to:

• Your data, including worker records and mobile numbers you uploaded.
• Text messages sent through your account, including any claim under the Telephone Consumer Protection Act or a state analogue.
• Your relationship with any worker or client, including wage, hour, classification, discrimination and injury claims.
• Your breach of these terms or of applicable law.

Term and termination

These terms run while your account is open. You may cancel at any time; cancellation takes effect at the end of the current billing period and prepaid fees are not refunded. We may terminate for material breach after written notice and a 10-day cure period, or immediately for the reasons listed under Acceptable Use, or for convenience with 30 days’ notice and a pro-rata refund of prepaid fees.

You will have 30 days after termination to export your data. After that, retention follows the Privacy Policy. Sections on fees, data ownership, disclaimers, liability, indemnity and governing law survive termination.

Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The exclusive venue for any dispute is the state or federal courts located in Bexar County, Texas, and both parties consent to personal jurisdiction there. Each party waives any right to a trial by jury and to participate in a class or representative action.

Before filing, please email ryan@rhinorosters.com and give us 30 days to resolve it. Most problems are faster to fix than to litigate.

Other terms

• Changes. We may update these terms and will revise the date above. Material changes will be emailed to account holders at least 30 days before taking effect. Continued use after that is acceptance.
• Entire agreement. These terms, plus the Privacy Policy and Messaging Terms, are the whole agreement between us on this subject.
• No waiver. Not enforcing a right does not waive it.
• Severability. If a provision is unenforceable, the rest stands.
• Assignment. You may not assign these terms without our consent. We may assign them in connection with a sale of the business.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, including carrier or hosting-provider outages.
• Independent parties. Nothing here creates a partnership, agency, joint venture, or employment relationship between us.

Questions: Ryan Blair, d/b/a Roster, 12111 Averhoff Cove, San Antonio, TX 78253 · ryan@rhinorosters.com