1. Acceptance of Terms
By accessing or using the SmokeSignal construction workforce dispatch platform ("Service") provided by Smoke Signal Dispatch LLC, you agree to be bound by these Terms of Service. If you do not agree, you must immediately cease use of the Service. These Terms apply to all users, including Dispatchers (account holders) and individuals who receive communications sent through the Service.
2. Description of Service
SmokeSignal enables construction workforce schedulers to manage crew rosters, create and assign job site assignments, send SMS dispatch notifications via third-party messaging services, and export crew assignment records for payroll purposes. The Service is intended exclusively for lawful construction workforce scheduling by authorized business users. Development, hosting, and technical support are provided to Smoke Signal Dispatch LLC by Chance IT Studio LLC under contract.
3. Accounts & Eligibility
To use the Service you must be at least 18 years of age, be a duly authorized business representative or licensed contractor, provide accurate registration information, and maintain the security of your credentials. You are solely responsible for all activity under your account.
4. SMS & Communication Consent — TCPA
THE DISPATCHER BEARS FULL RESPONSIBILITY FOR TCPA COMPLIANCE. By using SMS dispatch features you represent that: (a) you have obtained all legally required consents from crew members to receive SMS messages; (b) you will honor all opt-out requests immediately; (c) you will not send unsolicited, harassing, or illegal communications; and (d) you accept full liability for any TCPA, FCC, or state law violations arising from your use of the SMS feature. Smoke Signal Dispatch LLC is not a telecommunications carrier and is not liable for delivery failures or regulatory violations.
5. Acceptable Use
You agree not to violate any law, transmit spam or harassing communications, impersonate any person, introduce malware, attempt unauthorized access to the Service, scrape or data-mine the Service, use the Service to build competing products, or resell access to unauthorized parties. Violations may result in immediate account termination without refund.
6. Data & Privacy
Your use of the Service is governed by our Privacy Policy, incorporated herein by reference. You are solely responsible for the accuracy and legality of all data you input, including crew member names, phone numbers, and email addresses. You represent that you have the legal right to store and process all personal data you input.
7. Intellectual Property
The Service and all of its contents, source code, design, and brand identity are the exclusive property of Smoke Signal Dispatch LLC. These Terms do not convey any ownership interest. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Service.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. SMOKE SIGNAL DISPATCH LLC DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMOKE SIGNAL DISPATCH LLC DOES NOT WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMOKE SIGNAL DISPATCH LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES FAILED NOTIFICATIONS, SCHEDULING ERRORS, CREW MEMBER INJURIES, PROPERTY DAMAGE, LOST REVENUE, OR THIRD-PARTY SERVICE OUTAGES. SMOKE SIGNAL DISPATCH LLC'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Smoke Signal Dispatch LLC and its service providers (including Chance IT Studio LLC) from any claims, losses, damages, and expenses (including attorney's fees) arising from your use or misuse of the Service, your violation of these Terms, your violation of any applicable law including TCPA, or any claim brought by a crew member related to notifications sent through your account.
11. Governing Law
These Terms are governed by the laws of the State of Illinois. Any dispute shall be resolved by binding arbitration under AAA rules, with venue in Illinois. The prevailing party is entitled to recover attorney's fees and costs.
12. Contact
Smoke Signal Dispatch LLC · [email protected]