Terms of Service – Additional Provisions

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”
Employees, contractors, or agents of the Customer authorized to use the Service (e.g., field technicians, administrators, supervisors).
“Customer Data”
All electronic data, including location data, work order details, and information submitted by the Customer or its Authorized Users to the Service.

2. Customer Responsibilities (“Employee Consent” Clause)

2.1. Consent for Tracking and Monitoring

The Service includes features that require monitoring and recording Authorized Users’ location, time, and activity (“Tracking Data”). Customer represents and warrants that it has obtained all required consents, provided all legally required notices, and is compliant with applicable labor and privacy laws (including GDPR, CCPA, and local employment laws).

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 for location tracking or monitoring. It is the Customer’s responsibility to ensure use of the Service complies with all applicable laws.

2.3. Text Messaging (Optional)

Text messaging is an optional feature. Consent to receive text messages is not a condition of creating an account, signing in, purchasing, or using the Service. No text message is sent unless an Authorized User has separately enabled SMS notifications under Profile > Notifications.

When enabled, ProfitOps sends transactional and operational notifications only: project status changes, work order updates, operational alerts, and HR and time-off notifications. ProfitOps does not send marketing or promotional text messages.

Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time; reply HELP for help. Consent may also be withdrawn at any time by disabling SMS notifications under Profile > Notifications.

Mobile information, opt-in data, and messaging consent are not shared, sold, or provided to third parties or affiliates for marketing or promotional purposes.

ProfitOps is owned and operated by Holbrook Asphalt Co LLC, 1545 E. Commerce Dr., St. George, UT 84790.

3. Work Order Accuracy and Offline Data

3.1. Data Synchronization

The Service may allow offline data entry that synchronizes once an internet connection is restored. ProfitOps is not responsible for data loss, conflicts, or discrepancies resulting from:

  • Failure of an Authorized User’s device to synchronize
  • Hardware malfunctions
  • Conflicting edits made by multiple users simultaneously

3.2. Verification of Work

The Service is a management and tracking tool only. ProfitOps does not verify the accuracy, quality, or completeness of work performed by Authorized Users.

4. Safety and Hazardous Environments

4.1. Safe Use

Customer and Authorized Users agree not to use the Service in any manner that distracts from safety procedures or compliance with traffic and safety laws. ProfitOps is not liable for accidents, injuries, or property damage occurring while the Service is used 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 indirect, punitive, special, or consequential damages, including lost profits, business interruption, or loss of data.

5.2. Liability Cap: To the maximum extent permitted by law, ProfitOps’s total aggregate liability shall not exceed the amount paid by Customer in the twelve (12) months preceding the claim.

6. Subscription and Termination

6.1. Subscription Term: The Service is billed on a monthly or annual basis and automatically renews unless notice of non-renewal is provided at least thirty (30) days before the end of the term.

6.2. Termination for Cause: Either party may terminate immediately upon a material breach that remains uncured for thirty (30) days after written notice.