Términos del Servicio

1. About these Terms

AGT Work Crew is provided by AGT Work Crew LLC, a limited liability company organized in the State of Wyoming, USA ("AGT", "we", "us"). These Terms of Service ("Terms") govern access to and use of the AGT Work Crew web application, the AGT Work Crew mobile app, the Client Portal and shared document links, and the website at https://agtworkcrew.com.br (together, the "Service").

When you create an account and an Organization, you accept these Terms on behalf of the business you register (the "Customer"), and you confirm that you are authorized to bind that business. If you do not agree, do not use the Service.

The Service is a business tool. It is offered to businesses and to the people who work for them, not to consumers for personal or household use.

2. Definitions

• "Owner": the person who registers the business and creates the Organization. The Owner manages the subscription and can give other people access.
• "Organization": the separate company workspace created in the Service for the Customer. Each Organization's data is isolated from every other Organization.
• "Worker": a person the Owner invites to the Organization, for example to record work time and daily reports in the mobile app. The Owner is not counted as a Worker.
• "Client": a customer of the Organization whose details, job sites, estimates, invoices or Client Portal the Organization manages in the Service.
• "Customer Data": the information the Customer, its Owner, Admins and Workers enter or upload, including data about Workers and Clients.
• "Subscription": a paid plan for an Organization, billed monthly or yearly.

3. Accounts and Organizations

To register, the Owner provides their name, email address and a password, and answers questions about the business (such as name, main trade, team size, business location, language and currency). The account is activated only after the Owner confirms the email address through the link we send, and the Organization is created at that point.

You must give accurate information and keep it up to date. You are responsible for keeping your password confidential and for all activity under your account. Tell us promptly at [email protected] if you believe your account has been accessed without permission.

The Owner may add a company profile and logo used on estimates, invoices, emails and the Client Portal. By uploading a logo or other branding you confirm that you have the right to use it, and you allow us to display it for the Organization in the Service.

The Owner can invite Workers by email or with an invitation link and can assign roles and permissions. The Customer is responsible for who it invites, for the permissions it grants, and for removing access when someone should no longer have it. Workers act on behalf of the Customer, and the Customer is responsible for their use of the Service.

4. Free trial

Each Owner account can start one free trial. The trial lasts 15 days (360 hours) from the moment the Organization is created after the email confirmation. No payment card is required to start it, and we never charge you automatically when the trial ends.

During the trial the Organization can have up to 5 active Workers. You can buy a subscription at any time during the trial; the paid plan starts when your payment is completed.

If the trial ends without a subscription, the Organization becomes read-only:

• your data is kept, and you can still sign in, view your records and export them (CSV and PDF exports in Data Management, and individual estimate and invoice PDFs);
• you cannot create or change records, such as Jobs, time entries, estimates or invoices;
• Workers who were already clocked in when the trial ended can still end a break and clock out, and work time recorded offline before the end can still be synced; new clock-ins are not accepted;
• the Client Portal links of your Jobs keep working for 30 days after the end of access and then stop; estimate and invoice links you already sent keep working.

Buying a subscription restores full access to the same Organization and data.

5. Subscriptions, renewal and changes

The Service, including the free trial, is not currently available to businesses based in Europe. Paid subscriptions are offered only to businesses based in the United States and Canada, as shown by the business country registered for the Organization.

The self-service plans are Starter, Business and Business Plus. Each plan includes a maximum number of active Workers (currently Starter 1, Business 5 and Business Plus 10). Pending email invitations count toward the limit. Enterprise plans, with more Workers, are offered by quote and are governed by a separate written agreement.

Plans are billed monthly or yearly. A yearly plan is charged in full, upfront, in a single payment for 12 months; it is not split into monthly instalments. The price, the currency and the billing interval are shown on our pricing page and again at checkout before you pay. Prices are offered in US dollars or Canadian dollars, depending on the currency of your Organization.

Subscriptions renew automatically at the end of each monthly or yearly period, for the same period, until cancelled. By subscribing you authorize us, through our payment processor, to charge the payment method you provide for each renewal.

Changes and cancellation are made in the billing portal available from the Subscription page of the app:

• Upgrades to a higher plan take effect immediately. The price difference for the rest of the current period is calculated and charged at that moment.
• Downgrades to a lower plan, and changes from yearly to monthly billing, take effect at the end of the current period. A downgrade never deactivates Workers who are already active, but no new Workers can be activated above the new plan's limit.
• Cancellation takes effect at the end of the current paid period. You keep full access until then. After that the Organization becomes read-only as described in the trial section, and your data is kept.

Retention offer. When an Owner starts a cancellation in the AGT Work Crew web app, an eligible Organization may be offered 20% off its next subscription renewal. The offer is optional, is shown at most once in a cancellation and at most once per Organization in any 12-month period, and is available only to paid Starter, Business and Business Plus subscriptions of Organizations based in the United States or Canada, billed in US or Canadian dollars. It does not apply to free trials or Enterprise plans and cannot be combined with any other discount or promotion.

If accepted, the discount applies to one renewal only: the next monthly or yearly renewal of the current subscription, on the date shown in the offer. Nothing is charged when the offer is accepted, the plan and billing interval do not change, and a scheduled cancellation is removed so the subscription continues. The amounts before and after the discount are shown before you accept; taxes, if any, are shown on the invoice. From the following renewal the regular price applies. Charges for plan changes made before that renewal are not discounted.

Declining the offer never prevents or delays the cancellation. You can also cancel directly in the Stripe billing portal, where no offer is shown. If the subscription ends before the discounted renewal, the discount lapses.

6. Payments, taxes and failed payments

Payments are processed by Stripe, Inc. through Stripe Checkout and the Stripe billing portal. Card details are entered on Stripe's pages and are not stored by AGT. Stripe's own terms and privacy policy apply to the payment.

Taxes, if any apply to your purchase, are shown at checkout before you pay.

If a renewal payment fails, Stripe may retry it and will email you about it. While a payment is overdue the subscription stays active and you keep access. If the payment is not recovered, the subscription ends and the Organization becomes read-only, with your data kept, until a new subscription is purchased.

7. Refunds

Except where the law requires otherwise or a written agreement with us says so, payments are not refundable, including for partially used periods or unused Workers. Because the trial never converts into a paid plan automatically, no charge happens unless you choose to subscribe.

If you dispute a charge with your card issuer, please contact us first at [email protected] so we can try to resolve it.

8. Customer Data and your responsibilities

The Customer keeps all rights to Customer Data. You give us permission to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy. We do not sell Customer Data and we do not use it for advertising.

For personal data about Workers and Clients, the Customer decides why and how it is used, and we process it on the Customer's behalf. The Customer is responsible for having a lawful basis for that data and for informing the people concerned, in particular:

• telling Workers that the mobile app records their location when they clock in (and, when your company requires it, when they clock out), that their work time, notes, daily reports and photos are visible to the Organization, and how their pay information is used;
• collecting Client contact details and job-site addresses lawfully, and choosing what is shared with Clients through emails, document links and the Client Portal.

Timesheets, pay totals, worker payment records, estimates, invoices and finance reports are tools to help you run your business. They are calculated from the data you enter. You are responsible for checking them and for complying with the laws that apply to you, including employment, wage-and-hour, tax and invoicing rules. AGT does not provide legal, tax, accounting or payroll advice, does not pay your Workers and is not a party to your contracts with Workers or Clients.

Recording an invoice as paid in the Service does not process a payment: payments between you and your Clients happen outside AGT Work Crew.

9. Client Portal, document links and emails

The Service lets you share information with Clients: each Job can have a Client Portal link, and estimates and invoices can be sent by email or through a private link. Anyone who has a link can open what it shows, so share links only with the intended people. You can disable or regenerate a Client Portal link and regenerate document links at any time.

Emails you send to Clients and Workers through the Service are sent from AGT's email domain with your company name as the sender name and your business email as the reply address. You are responsible for their content and for having the right to contact the recipients. The Service must not be used to send marketing or bulk email.

10. Acceptable use

You agree not to, and not to let anyone else:

• use the Service for anything illegal, fraudulent or harmful, or to send spam or unlawful content;
• upload content you do not have the right to use, or malware;
• access another Organization's data, test or bypass security or access controls, or overload or disrupt the Service;
• copy, resell or reverse engineer the Service, or use it to build a competing product, except where the law allows it;
• track a person's location or collect personal data without the notice and lawful basis the law requires.

We may suspend access, after notice where reasonable, if we believe these rules are broken or the Service or other users are at risk.

11. Third-party services and app stores

Some features rely on third parties. Business-address suggestions use Google Maps Platform; by using that feature you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/) and acknowledge the Google Privacy Policy (https://policies.google.com/privacy). Payments use Stripe, and the mobile app is distributed through Apple's App Store and Google Play under their own terms.

We are not responsible for third-party services that we do not control, but we choose them carefully and list the ones that process personal data in our Privacy Policy.

12. The Service, languages and changes

We work to keep the Service available and secure but we do not guarantee that it will be uninterrupted or error-free. We may change, add or remove features. If we remove a feature that is essential to a paid plan you are using, we will tell you in advance where reasonably possible.

The web application, emails and generated documents are currently in English. The mobile app and our website are available in English, Portuguese and Spanish. These Terms are written in English; any translation is provided for convenience and the English version prevails.

13. Intellectual property and feedback

AGT and its licensors own the Service, including its software, design and the AGT Work Crew name and logo. Subject to these Terms and an active trial or subscription, we give the Customer a limited, non-exclusive, non-transferable right to use the Service for its internal business purposes.

If you send us suggestions or feedback, we may use them without any obligation to you.

14. Ending the agreement

You can stop using the Service and cancel your subscription at any time as described above. Cancelling does not delete your account or the Organization. We may suspend or end access for a serious or repeated breach of these Terms, for non-payment as described above, or when the law requires it.

When access ends, Customer Data is kept and remains available for export while the Organization is read-only, as described in the trial section.

You can delete your own account at any time in the AGT Work Crew app (Profile › Delete account) or on the web at https://agtworkcrew.com.br/delete-account, without contacting us. Your password is checked again and the account is deleted as soon as you confirm; we send a confirmation by email. If you are the only Owner of an Organization, you can still delete your account immediately; this also starts a separate closure of that Organization, as described in the Terms of Service.

Deleting an account does not delete an Organization that has other Owners. An Owner can request the closure of an Organization in the web app (Profile › Account › Close company) once its subscription no longer renews; the Organization and all of its data are deleted when the paid period ends, or within 30 days of the request if no paid period remains, and the request can be withdrawn until then.

The last Owner of an Organization may delete their personal account immediately. Because an Organization cannot continue without an Owner, the deletion also starts a separate closure of that Organization: future subscription renewals are stopped, and until the end of the period already paid (or for up to 30 days if no paid period remains) the Organization is restricted to read-only use, so its remaining authorized users can view and export its records but no changes can be made and the subscription cannot be restarted. The Organization and its data are then deleted, except records that must be kept under the retention periods described in the Privacy Policy or under the law. The refund terms above apply.

15. Disclaimers

To the extent allowed by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Location readings depend on the device and may be inaccurate; distance checks are an aid for review, not proof of presence.

16. Limitation of liability

To the extent allowed by law, AGT is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from the use of the Service. AGT is not responsible for interruptions caused by maintenance or by failures outside its reasonable control, or for losses caused by incorrect information entered by users or by misuse of an account.

To the extent allowed by law, AGT's total liability for any claim relating to the Service is limited to the amounts the Customer paid to AGT for the Service in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

17. Changes to these Terms

We may update these Terms. Each version has its own version identifier, shown at the top of this page, and we keep a record of which version each Owner accepted and when. If a change is material, we will tell Owners by email or in the app before it takes effect and, where required, ask them to accept the new version.

18. Governing law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. Any dispute will be resolved exclusively by the competent courts located in Wyoming, unless mandatory law of your country gives you the right to bring a claim elsewhere.

19. Contact

AGT Work Crew LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA. Email: [email protected].