1. Acceptance of these Terms
These Terms of Service (“Terms”) govern your access to and use of the UnionCommand web application, our iOS and Android mobile applications, and any product we offer under the UnionCommand name (together, the “Application”), provided by UnionCommand (“UnionCommand,” “we,” “us,” or “our”).
By signing in to or using the Application, you agree to these Terms and to our Privacy Policy. If you are accepting these Terms on behalf of a union or other organization, you represent that you have authority to bind that organization, and “you” includes that organization. If you do not agree, do not use the Application.
2. Who may use the Application
The Application is offered to labor organizations and similar groups (each a “Customer”) and to the individuals a Customer authorizes to use it (“Users”), such as officers, district representatives, staff and members. You must be at least 18 years old and authorized by a Customer to use the Application.
3. Accounts and roles
- Customer administrators create accounts and assign roles and permissions. What you can see and do in the Application depends on the role your organization gives you.
- You are responsible for keeping your sign-in credentials secure and for activity that occurs under your account. Do not share your account with anyone.
- Notify your organization’s administrator and us at support@unioncommand.com right away if you suspect unauthorized access to your account.
- When your role in your organization ends or changes, your organization may change or remove your access at any time.
4. Customer Data
“Customer Data” means the information, records, files and other content that a Customer and its Users submit to the Application — for example, grievances, member and station issues, leave records, motions, rental bookings and attachments.
- Ownership. As between UnionCommand and the Customer, the Customer owns its Customer Data. We claim no ownership of it.
- Our limited license. The Customer grants UnionCommand a limited license to host, store, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Application, and as described in our Privacy Policy.
- Confidentiality. We treat Customer Data as confidential. We will not sell it, use it for advertising, or voluntarily disclose it to an employer or other third party, except as described in the Privacy Policy or required by law.
- Export. While a subscription is active, the Customer may export its Customer Data. After termination, we will make Customer Data available for export for a reasonable period and then delete it as described in the Privacy Policy.
5. Customer responsibilities
Each Customer is responsible for:
- Deciding who receives access and assigning appropriate roles, especially for sensitive records such as grievances and injury or leave information;
- Having the rights, notices and consents needed to enter Customer Data into the Application, including information about members and other individuals;
- Complying with laws, its own constitution and bylaws, and any collective bargaining agreement that applies to its records; and
- The accuracy, quality and legality of Customer Data.
6. Acceptable use
You agree not to:
- Use the Application for any unlawful purpose, or to harass, threaten, defame or discriminate against anyone;
- Access records or areas of the Application you are not authorized to access, or attempt to get around role-based permissions or security controls;
- Upload malware or content that infringes someone else’s rights;
- Store government identification numbers, full payment-card numbers or bank account numbers in the Application, except in fields we specifically provide for that purpose;
- Reverse engineer, decompile or copy the Application, except as the law expressly allows;
- Resell, sublicense or provide the Application to anyone outside your organization; or
- Interfere with the operation of the Application, including by overloading it or using automated scraping tools.
7. No legal or professional advice
The Application is a record-keeping and workflow tool. It does not provide legal, labor-relations, accounting, tax or medical advice. Deadline reminders, status indicators and templates are provided for convenience only. You remain responsible for meeting all contractual, grievance, arbitration and legal deadlines and for reviewing your collective bargaining agreement and applicable law. Consult a qualified professional for advice about your situation.
8. Third-party services
The Application works with services provided by others, such as Google sign-in, Google Workspace (including Google Drive, Sheets and Calendar), Google Cloud, and Apple and Google app stores and notification services. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and features that depend on them may change or stop working if the third party changes or discontinues them.
9. Mobile app stores
If you download our mobile app from the Apple App Store or Google Play, the following also applies:
- These Terms are between you and UnionCommand only, not Apple or Google. UnionCommand, not Apple or Google, is solely responsible for the app and its content.
- Your license to use the app is a limited, non-transferable license to use it on devices you own or control, as permitted by the applicable store’s usage rules.
- Apple and Google have no obligation to provide maintenance or support for the app. UnionCommand is responsible for addressing any claims relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer-protection claims, and intellectual-property infringement claims.
- To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any.
- You represent that you are not located in a country subject to a U.S. Government embargo or listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to your use of the iOS app.
10. Fees
Fees, billing terms and any trial or pilot arrangements are set out in an order form, proposal or agreement between UnionCommand and the Customer. Individual Users are not charged for using the Application on behalf of their organization.
11. Intellectual property
UnionCommand and its licensors own all rights in the Application, including its software, design, documentation and features, and in the UnionCommand name and logo. Subject to these Terms, we grant Customers and their Users a limited, non-exclusive, non-transferable, revocable right to use the Application for the Customer’s internal organizational purposes during the subscription. A Customer’s own names, logos and branding displayed in the Application remain the Customer’s property. All rights not expressly granted are reserved.
12. Feedback
If you send us suggestions or feedback about the Application, we may use them to improve our products without any obligation to you. We will not identify you or your organization publicly as the source without permission.
13. Availability and changes to the Application
We work to keep the Application available and reliable, but it may be unavailable from time to time for maintenance, updates or reasons beyond our control. We may add, change or remove features. If we remove a feature a Customer materially relies on, we will give the Customer reasonable advance notice when practical. Features labeled “beta,” “preview” or “pilot” are provided as-is and may change or be discontinued.
14. Suspension and termination
- You may stop using the Application at any time. A Customer may end its subscription as provided in its agreement with us.
- We may suspend or terminate access for a User or Customer that materially breaches these Terms, fails to pay fees when due, or whose use creates a security or legal risk. Where practical, we will give notice and an opportunity to fix the problem first.
- Sections 4 (export and deletion), 7, 11, and 15 through 19 survive termination.
15. Disclaimers
Except as expressly stated in these Terms or a written agreement with a Customer, the Application is provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Application will be uninterrupted, error-free or completely secure, or that any notification or reminder will be delivered or received.
16. Limitation of liability
To the maximum extent permitted by law, UnionCommand will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, missed deadlines or loss of goodwill, arising out of or related to the Application or these Terms, even if advised of the possibility of such damages. UnionCommand’s total liability for all claims arising out of or related to the Application or these Terms will not exceed the amounts the Customer paid UnionCommand for the Application in the twelve (12) months before the event giving rise to the claim, or one hundred U.S. dollars ($100) if no fees were paid.
Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
17. Indemnification
To the extent permitted by law, the Customer will defend and indemnify UnionCommand against third-party claims arising from Customer Data or from the Customer’s or its Users’ violation of these Terms or applicable law. UnionCommand will defend and indemnify the Customer against third-party claims that the Application, as provided by us, infringes that third party’s U.S. intellectual-property rights.
18. Governing law and disputes
These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Application will be brought exclusively in the state or federal courts located in Maryland, and each party consents to the personal jurisdiction of those courts. Before filing a claim, each party agrees to try in good faith to resolve the dispute informally by contacting the other party and allowing at least thirty (30) days for resolution.
19. General
- Entire agreement. These Terms, the Privacy Policy and any written agreement with a Customer are the entire agreement regarding the Application.
- Severability. If any provision is found unenforceable, the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets, with notice to Customers.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Notices. We may give notices through the Application or by email to the address on your account.
20. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and notify Customers or Users through the Application or by email at least thirty (30) days before the changes take effect. Continuing to use the Application after the changes take effect means you accept the updated Terms.
21. Contact us
Questions about these Terms can be sent to:
UnionCommand
Email: support@unioncommand.com
Website: unioncommand.com