Terms of Use

1. Who we are and what these Terms cover

PugBuild is a GPS time clock for construction crews, operated by [PugBuild legal entity name] ("PugBuild", "we", "us"), a company organized under the laws of Brazil, with address at [address]. These Terms of Use ("Terms") govern access to and use of the PugBuild website, web app, mobile app and API (the "Service").

The Service has three kinds of users: the Customer (the employer company that subscribes to the Service and administers an account), Administrators and Office staff acting for the Customer, and Workers (employees or contractors who clock in and out). By creating an account, signing in, or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company, you represent that you have authority to bind that company.

2. Eligibility and accounts

You must be at least 16 years old and legally able to work to use the Service as a Worker, and at least 18 to administer a Customer account. Accounts are tied to a mobile phone number. You sign in with a one-time code sent by text message; you are responsible for keeping your phone secure and for all activity under your account. Tell your employer or us immediately if you believe your account has been used without permission.

A Worker may be linked to more than one Customer. When a Customer deactivates a Worker, the Worker loses access to that Customer's data, but historical time records are kept as described in the Privacy Policy.

3. Text messages (SMS) consent

The Service uses text messages to deliver sign-in codes, invitations from your employer, and operational notices (for example, that your pay is ready to pick up, or a reminder that you forgot to clock out). By providing your phone number and signing in, you give your express consent to receive these transactional and operational text messages from PugBuild on behalf of your employer. Message frequency varies by your activity. Message and data rates may apply. Reply STOP to any message to stop receiving texts (you will not be able to sign in with a one-time code afterwards) and HELP for help. We do not send marketing texts to Workers.

4. Location, photos and comments

When a Worker taps Start or Stop, the Service records the time and, if the device allows it, the precise geolocation of that moment. Location is used to attach the punch to a registered job site, to flag punches far from any site for review, and to suggest new job sites when several people clock in at the same unregistered place. The Service does not track location in the background or between punches. The Customer decides whether photos are optional, required or off; photos and comments are visible to the Customer's Administrators and Office staff. The Customer is responsible for informing Workers about this monitoring as required by applicable law.

5. Customer responsibilities

• Comply with all wage and hour laws that apply to you (including federal and state minimum wage, overtime, meal break, record-keeping and pay-frequency rules). PugBuild is a tool to record time; it does not determine what you owe your Workers.
• Configure the Service correctly: pay rates, lunch deduction, overtime rules, closing day and pay day. Automatic lunch deductions and overtime settings are applied exactly as you configure them.
• Notify Workers that their time, location at punch and optional photos are recorded, and obtain any consent your jurisdiction requires.
• Review flagged punches and corrections. Corrections made by Office staff are recorded in the audit log.
• Keep your Administrators' and Office staff's phones secure and remove people who leave the company.

6. Payment confirmations are records, not payroll

The Service lets the Customer mark how and where a Worker will be paid (cash, check or deposit) and lets the Worker confirm receipt or report a problem. These confirmations are records kept for both parties. PugBuild does not transfer money, does not calculate taxes or withholdings, and does not issue pay stubs. The Customer remains solely responsible for paying Workers and for complying with payroll, tax and pay-statement laws.

7. Subscription and fees

Fees are charged to the Customer per active employee per month, with a monthly minimum, as published on our pricing page or agreed in writing. An "active employee" is a Worker who recorded at least one punch in the month; Administrators and Office staff are not counted. Annual plans are billed in advance at the published discount. Prices exclude taxes; you are responsible for sales tax, VAT or similar taxes where they apply. We may change prices with at least 30 days' notice; changes apply from your next billing period. Fees are non-refundable except where the law requires otherwise.

8. Acceptable use

• Do not clock in for another person, falsify a location, or tamper with records.
• Do not use the Service to harass, discriminate against or unlawfully monitor anyone.
• Do not attempt to access other Customers' data, probe or overload the Service, or reverse-engineer it.
• Do not upload content that is unlawful, infringing or that you have no right to share.
• Do not resell the Service or use it to build a competing product.

We may suspend accounts that violate these rules or that put the Service or other users at risk.

9. Your data

The Customer owns the time records, job sites and team data it enters, and grants PugBuild a license to host, process and display that data to provide the Service. PugBuild processes personal data of Workers on behalf of the Customer as described in the Privacy Policy. The Customer can export its data at any time (CSV) and may request a full export within 30 days after termination.

10. No employment relationship with PugBuild

PugBuild is not the employer, joint employer, payroll agent or staffing provider of any Worker. Any dispute about hours, pay or employment conditions is between the Worker and the Customer.

11. Availability, changes and support

We work to keep the Service available and may change, add or remove features. Offline punches are stored on the device and synced later; if a device or browser deletes that data before syncing, the punch may be lost. Punches recorded by the Office are always available. We provide support by email and, during the pilot, by phone.

12. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. GPS data depends on the device, signal and the Worker's permissions and may be inaccurate or missing. Nothing in these Terms limits rights that consumers have under laws that cannot be waived by contract, including the Brazilian Consumer Defense Code for Brazilian residents.

13. Limitation of liability

To the fullest extent permitted by law, PugBuild will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from or related to the Service. Our total liability for any claim will not exceed the fees paid by the Customer to PugBuild in the twelve months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law, including liability for gross negligence, willful misconduct or death or personal injury caused by our negligence.

14. Indemnification

The Customer will defend and indemnify PugBuild against third-party claims arising from the Customer's use of the Service in violation of these Terms or applicable law, including wage and hour, privacy and employee monitoring laws.

15. Termination

The Customer may cancel at any time from the dashboard or by email; cancellation takes effect at the end of the current billing period. We may suspend or terminate accounts for non-payment, for breach of these Terms, or if required by law, with reasonable notice where practicable. After termination we keep data for 90 days to allow export, then delete it, except for records we must keep by law or for the Customer's legal retention needs as described in the Privacy Policy.

16. Governing law and disputes

For Customers and users in the United States, these Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules, and any dispute will be resolved in the state or federal courts located in Middlesex County, Massachusetts. For residents of Brazil, Brazilian law applies to the extent its consumer-protection and data-protection rules cannot be waived, and you may bring claims in the courts of your domicile. Before filing a claim, both parties agree to try in good faith to resolve the dispute by contacting legal@pugbuild.com and allowing 30 days for a response.

17. Changes to these Terms

We may update these Terms. Material changes will be announced in the app or by email at least 15 days before they take effect, and you will be asked to accept the new version at your next sign-in. The version and effective date appear at the top of this page.

18. General

If any provision of these Terms is found unenforceable, the rest remains in effect. These Terms, the Privacy Policy and any written order form are the entire agreement between you and PugBuild about the Service. You may not assign these Terms without our consent; we may assign them to a successor of our business.

19. Contact

[PugBuild legal entity name], [address]. Email: legal@pugbuild.com.