Please read these Terms of Service ("Terms") carefully before using the Drtywrk™ platform or website. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms constitute a legally binding agreement between you (and the company you represent, if applicable) and Drtywrk™ ("Drtywrk", "we", "us", or "our"). You represent that you are at least 18 years old and have the authority to enter into this agreement on behalf of your organization.
Drtywrk™ provides a field operations management platform designed for contractors in the construction industry, including features for daily production logging, job costing, equipment management, payroll, DOT compliance, invoicing, and related functionality (collectively, the "Service"). The Service is provided on a subscription basis.
To access the Service, you must register for an account. You agree to:
Access to the Service requires a paid subscription after the applicable trial period. By subscribing, you agree to the following:
Free trials are offered at our discretion and subject to the terms stated at the time of signup. We reserve the right to modify or discontinue trial offers at any time.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
You retain ownership of all data you input into the Service ("Customer Data"). By using the Service, you grant Drtywrk a limited, non-exclusive license to process and store your Customer Data solely as necessary to provide and improve the Service.
We will not access your Customer Data except to provide the Service, troubleshoot issues with your permission, or as required by law. You are responsible for the accuracy and legality of the data you submit.
Upon termination of your account, you may request an export of your Customer Data within 30 days. After that period, we may delete your data in accordance with our retention policies.
The Service, including all software, design, trademarks, logos, and content created by Drtywrk, is owned by Drtywrk™ and protected by applicable intellectual property laws. "Drtywrk™" is a trademark pending registration. Nothing in these Terms grants you any rights to use our trademarks, logos, or other proprietary materials without our prior written consent.
The Service may integrate with or link to third-party services (such as payment processors or accounting tools). Your use of such services is governed by their respective terms and privacy policies. Drtywrk is not responsible for the practices or content of any third-party services.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Drtywrk does not provide legal, accounting, payroll, or compliance advice. Features such as DOT Compliance and Payroll are tools to assist your operations — you remain solely responsible for ensuring your business complies with all applicable laws and regulations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRTYWRK AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO DRTYWRK IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Drtywrk and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any third-party rights. This indemnification obligation does not apply to claims arising directly from Drtywrk's own gross negligence or willful misconduct.
Either party may terminate these Terms at any time. You may cancel your subscription at any time through your account settings or by contacting us at help@drtywrk.com. We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, if we determine that you have violated these Terms.
Upon termination, your right to use the Service ceases immediately. Sections 6, 7, 9, 10, 11, and 14 of these Terms survive termination.
We reserve the right to modify or discontinue the Service (or any part of it) at any time with at least 30 days' written notice to active subscribers, except in cases of emergency, security risk, or legal requirement where shorter notice may be necessary. We may also update these Terms from time to time. We will notify you of material changes by email or by posting a notice in the Service at least 30 days before the changes take effect. Your continued use of the Service after that period constitutes acceptance of the updated Terms. Non-material changes (such as corrections, clarifications, or formatting updates) may be made without prior notice.
These Terms are governed by the laws of the State of Florida and the United States of America, without regard to conflict of law principles. You agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction in those courts.
Any dispute arising under or related to these Terms shall first be attempted to be resolved through good-faith negotiation for a period of no less than 30 days. If that fails, disputes shall be resolved through binding individual arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in Florida or via remote hearing. YOU AND DRTYWRK EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. The arbitrator may not consolidate claims of more than one person. If this class action waiver is found unenforceable, the entire arbitration provision shall be null and void. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. In any arbitration or legal proceeding, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs if the opposing party's claim or defense is determined to be frivolous or brought in bad faith.
These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Drtywrk with respect to the Service and supersede all prior agreements and understandings.
Questions about these Terms? Reach us at: