Terms of Service

Scope

These terms apply to companies that use Obrelier ("the Customer", "you"). The people who use the app on your behalf, such as workers, drivers and managers, agree to the separate User Terms.

1. Who we are

Obrelier is provided by Ecommerce Craft Ltd, trading as Yarel Craft Digital, a company registered in England and Wales (company number 15092987), registered office 26 Thorpe Street, Bolton, England, BL1 3JE ("Obrelier", "we", "us"). Contact: dev@yarelcraft.co.uk. Privacy: privacy@obrelier.com.

2. What Obrelier is

Obrelier is workforce software for construction and field companies: a web dashboard and a mobile app for clocking in and out on site, scheduling, tools and materials, deliveries, site safety alerts, and related features. Which features you get depends on your plan or order.

3. The agreement

These terms, your order or plan, and the Data Processing Agreement (DPA) together form the agreement between you and us. If they conflict, the DPA wins on data protection, then your order, then these terms. You accept these terms by signing an order, starting a pilot, or using the service.

4. Accounts and users

• You create accounts for your own staff and contractors ("Users") from the dashboard. There is no public sign-up.
• You are responsible for who you invite, the roles you give them, and removing access when someone leaves.
• Keep administrator credentials secure and tell us promptly at dev@yarelcraft.co.uk if you suspect unauthorised access.
• You are responsible for your Users' use of the service under your account.

5. Your responsibilities as employer

Obrelier helps you keep records; it does not make employment decisions for you. You are responsible for:

• having a lawful basis for the data you collect about your Users, informing them, and obtaining any consent the law requires (including for face verification, which Users can decline in favour of their phone's own unlock);
• complying with employment and working-time law, including keeping daily working-time records (in Spain, Real Decreto-ley 8/2019) and consulting worker representatives where required;
• checking records before acting on them. Location, presence and face-match results can be wrong (poor GPS, a phone switched off, bad light), so a record is evidence, not proof.

6. Acceptable use

You and your Users must not:

• use the service to monitor anyone outside working time or beyond what the law allows;
• upload unlawful content, malware, or data you have no right to process;
• try to access other customers' data, probe or attack the service, or get round security, rate limits or plan limits;
• copy, resell, or reverse-engineer the service, except where the law expressly allows it;
• use emergency features (such as site evacuation) as a test or prank without warning your staff first.

We may suspend access that breaches this section, telling you first where we reasonably can.

7. Safety features are an aid, not a safety system

Evacuation alerts, presence checks and delivery arrival times depend on phones, networks, operating systems and push services we do not control. An alert may arrive late or not at all. Obrelier does not replace your legal duties for site safety, emergency procedures, alarms or roll calls. Keep your existing procedures in place.

8. Data

• Your data stays yours. You are the controller of personal data about your Users; we are your processor and act only on your instructions, as set out in the DPA and our Privacy Policy (www.obrelier.com/privacy).
• We use sub-processors listed in the DPA and tell you before adding new ones.
• We may use anonymous, aggregated usage information (that cannot identify you or any person) to run and improve the service.
• When the agreement ends you can export your data for 30 days. After that we delete it, except what the law requires us or you to keep, as described in the DPA.

9. Fees and payment

• Fees are set out in your order or plan, in euros, excluding VAT.
• Invoices are payable within 30 days unless your order says otherwise.
• Pilot pricing and credits apply as stated in your order.
• If an invoice is more than 30 days overdue, we may suspend the service after giving you 14 days' written notice. Suspension does not delete your data.
• We may change prices for a new subscription period by giving at least 60 days' notice; you may end the agreement before the change takes effect.

There are no in-app purchases. Users never pay us anything.

10. Availability and changes

We aim to keep the service available and secure, but we do not promise it will be uninterrupted or error-free. We may improve and change features; if a change materially reduces what you pay for, we will tell you in advance and you may end the agreement and receive a refund of prepaid fees for the unused period.

11. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else the law does not allow us to limit.
• Neither of us is liable for loss of profits, revenue, business or goodwill, or for indirect or consequential loss.
• Otherwise, each party's total liability in any 12 months is limited to the fees you paid for the service in those 12 months.
• Liability under the DPA is as set out in the DPA.

12. Intellectual property

We own the software, design and content of Obrelier. You get a non-exclusive, non-transferable right to use it during the agreement for your business. You own your data and content. If you send us feedback, we may use it freely.

13. Confidentiality

Each of us keeps the other's non-public information confidential and uses it only for the agreement, except where the law requires disclosure.

14. Term and ending

• The agreement runs for the period in your order and renews for the same period unless either of us gives 30 days' notice before renewal.
• Either of us may end it straight away by written notice if the other seriously breaches it and does not fix the breach within 30 days, or becomes insolvent.
• On ending, access stops and section 8 applies to your data.

15. Changes to these terms

We may update these terms. We will give at least 30 days' notice of material changes by email or in the dashboard. If you do not agree, you may end the agreement before the change takes effect.

16. Law and courts

These terms are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction. Nothing here removes any mandatory protection you have under the law of the country where you are established.

17. General

These terms are the whole agreement on their subject. If a part is found invalid, the rest still applies. Neither of us may transfer the agreement without the other's consent, except to a successor of the whole business. Neither of us is liable for delays caused by events outside our reasonable control.