Terms of Service for LastCall

Effective Date: December 26, 2024

Last Updated: December 26, 2024

1. Acceptance of Terms

By accessing or using the LastCall mobile application ("Service," "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the App.

These Terms constitute a legally binding agreement between you and LastCall ("we," "us," or "our").

2. Description of Service

LastCall is an employee scheduling and shift management application that provides:

Creation and management of work organizations
Employee shift scheduling with reusable templates
Availability tracking and management for employees
Push notifications for schedule updates and changes
Role-based access control (Owner, Admin, Employee)
Personal schedule viewing and management
Privacy controls for contact information visibility

3. Eligibility and Account Registration

3.1 Age Requirement

To use LastCall, you must:

Be at least 13 years of age
Have the legal capacity to enter into a binding agreement
Not be prohibited from using the Service under applicable laws

3.2 Account Creation

When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your password
Notify us immediately of any unauthorized access to your account
Accept responsibility for all activities that occur under your account

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. LastCall will not be liable for any loss or damage arising from your failure to protect your account.

4. User Responsibilities and Conduct

4.1 Acceptable Use

You agree to:

Use the Service only for lawful purposes and in accordance with these Terms
Provide truthful and accurate information when creating schedules and submitting availability
Respect the privacy and rights of other users
Comply with all applicable local, state, national, and international laws

4.2 Prohibited Conduct

You agree NOT to:

Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Use the Service to harass, abuse, threaten, or intimidate other users
Interfere with or disrupt the Service or servers/networks connected to the Service
Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks
Use any automated means (bots, scrapers, etc.) to access the Service without our permission
Upload, transmit, or distribute any viruses, malware, or malicious code
Violate any applicable laws or regulations
Reverse engineer, decompile, or disassemble any part of the Service
Use the Service for any commercial purpose without our written consent

5. Organization Owner and Manager Responsibilities

5.1 Organization Creation

If you create an organization, you become the Organization Owner and are responsible for:

Managing employee access, permissions, and roles within your organization
Ensuring all schedules comply with applicable labor laws and regulations
Handling employee data in accordance with applicable privacy laws (GDPR, CCPA, etc.)
Resolving disputes within your organization
Ensuring proper use of the Service by members of your organization

5.2 Legal Compliance

Important: LastCall is a scheduling tool, not a legal contract or compliance system. Organization owners and managers are responsible for ensuring compliance with all applicable employment laws, including but not limited to:

Minimum wage and overtime requirements
Break and rest period requirements
Maximum working hours regulations
Child labor laws
Equal employment opportunity laws

5.3 Data Protection

Organization owners must:

Have a lawful basis for processing employee data
Obtain necessary consents from employees
Comply with data protection laws (GDPR, CCPA, etc.)
Respect employee privacy settings within the app

6. Intellectual Property Rights

6.1 Our Intellectual Property

LastCall and its original content, features, functionality, design, and source code are owned by LastCall and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of data you create in the Service, including:

Schedules and shifts
Availability preferences
Organization information

By using the Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or obligation to you.

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide reliable service but do not guarantee:

Uninterrupted or error-free operation of the Service
That defects will be corrected promptly
That the Service is free from viruses or other harmful components
That data backup or storage will be maintained indefinitely

7.2 Maintenance and Downtime

We may suspend or terminate the Service temporarily for:

Scheduled maintenance and updates
Emergency repairs or security patches
Technical issues or server problems

We will make reasonable efforts to provide advance notice of scheduled maintenance.

7.3 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue any part of the Service at any time
Change features, functionality, or availability
Update the app through app store updates

We will provide reasonable notice for material changes that negatively affect users.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, or completeness of content
Security or freedom from viruses

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LASTCALL SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Damages arising from scheduling errors, missed shifts, or scheduling conflicts
Damages from unauthorized access to or alteration of your data
Damages from interruption or termination of the Service
Damages from acts or omissions of third-party service providers

OUR TOTAL LIABILITY SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless LastCall, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any rights of another party
Your violation of applicable laws or regulations
Content you submit to the Service

11. Account Termination

11.1 Termination by You

You may delete your account at any time through the app settings. Upon deletion:

All your personal data will be permanently deleted
You will lose access to all organizations you are a member of
This action is permanent and cannot be undone

11.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, if you:

Violate these Terms of Service
Engage in fraudulent, illegal, or harmful activities
Abuse, harass, or threaten other users
Attempt to compromise the security or integrity of the Service
Use the Service in a way that could damage our reputation or business

11.3 Effect of Termination

Upon termination:

Your right to use the Service immediately ceases
All provisions of these Terms which should survive termination shall survive (including liability limitations, indemnification, and dispute resolution)

12. Pricing and Payment

LastCall is currently provided free of charge. We reserve the right to:

Introduce paid features or subscription plans in the future
Provide advance notice before implementing any charges
Grandfather existing users under favorable terms (at our discretion)

If pricing is introduced, you will have the option to accept the new terms or discontinue use of the Service.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

We will update the "Last Updated" date at the top
For material changes, we will notify you via email or in-app notification at least 30 days before the changes take effect
Your continued use of the Service after changes constitutes acceptance of the new Terms
If you do not agree to the modified Terms, you must stop using the Service

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the United States, and you consent to personal jurisdiction in such courts.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at support@lastcall.app to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

15.2 Arbitration Agreement

If informal resolution fails, you agree that any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

15.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

16. Miscellaneous Provisions

16.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.3 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LastCall regarding the Service and supersede all prior agreements.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.6 Headings

Section headings are for convenience only and do not affect interpretation.

17. Contact Information

For questions about these Terms of Service, please contact us:

Email: support@lastcall.app
GitHub: https://github.com/FrankieSoltero/LastCall
Response Time: We aim to respond within 48 hours

18. Acknowledgment

By using LastCall, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.