Terms of Service

• “Customer” means the business or organization that creates an account (for example, a ski resort, an employer or an outfitter), and “you” means Customer and the individual accepting these Terms on its behalf.
• “End User” means an individual Customer invites or authorizes to use the Services, such as an employee, manager, patroller, guide or admin.
• “Customer Data” means data submitted to the Services by or for Customer, its End Users or its own guests and clients.
• “Order” means the plan, price and quantities shown at sign-up, in your account’s billing settings, or in a written order form signed by both parties.

You accept these Terms by checking the acceptance box at sign-up, by signing an Order that references them, or by using the Services. If you accept on behalf of an organization, you confirm you have authority to bind it. You must be at least 18 years old to accept these Terms as a Customer.

• Keep login credentials, API tokens and device credentials confidential. You are responsible for all activity under your account.
• Tell us promptly at legal@screenfisher.com if you believe your account has been accessed without permission.
• Customer controls its End Users’ accounts, roles and permissions, and is responsible for their compliance with these Terms.

You will not, and will not let anyone else:

• use the Services in violation of any law, including wage-and-hour, employee-monitoring, privacy, consumer-protection and anti-spam or telemarketing laws;
• access or attempt to access another customer’s data, or bypass any security or access control;
• upload malware, or probe, scan or load-test the Services without our written permission;
• interfere with or disrupt the Services, including through excessive automated requests;
• copy, resell or sublicense the Services, or reverse-engineer them except as the law expressly allows;
• upload content that is unlawful, harassing, infringing or that you have no right to share; or
• use the Services to build a competing product.

We may remove content or suspend access that we reasonably believe violates this section.

• Automatic renewal. Paid plans renew automatically at the end of each billing period (monthly, unless your Order says otherwise) and the payment method on file is charged until you cancel.
• Free trials. If you start a free trial with a payment method on file, your paid plan begins and your card is charged automatically when the trial ends unless you cancel before then. We show the trial length and the price that will apply when you start the trial.
• How to cancel. You can cancel online at any time from the billing section of your account settings, or by emailing legal@screenfisher.com. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Per-seat billing. Where a plan is priced per active user, the charge adjusts as users are added or removed, as described in your Order.
• No partial refunds. Fees are non-refundable, including for partial billing periods, except where the law requires otherwise or these Terms say otherwise.
• Taxes. Fees exclude taxes. You are responsible for applicable sales, use and similar taxes, other than taxes on our income.
• Late payment. If a payment fails and isn’t fixed within 14 days of our notice, we may suspend the Services until it is.
• Price changes. We will give you at least 30 days’ notice before a price increase takes effect for your account. The new price applies from your next billing period after that notice.

Payments are processed by Stripe. We do not receive or store full card numbers.

• Ownership. Customer owns Customer Data. Customer grants us a limited license to host, copy, process and display Customer Data only as needed to provide, secure and support the Services and as described in the Privacy Policy.
• Customer’s responsibilities. Customer is responsible for the accuracy of Customer Data and for having the rights, notices and consents needed to collect it and to let us process it, including notices to employees, guests and clients.
• Aggregated data. We may use aggregated, de-identified data about how the Services are used to operate and improve them, as long as it does not identify Customer or any individual.
• Export and deletion. You can request an export of Customer Data at any time while your account is active and for 30 days after it ends. After that we delete Customer Data within 90 days, except for copies in routine backups (which expire on their normal schedule), and data we must keep to comply with law or resolve disputes.

The Services can connect to services we don’t control, such as Stripe, Square, QuickBooks, Apple and Google app stores, and mobile carriers. Your use of them is governed by their own terms. We aren’t responsible for third-party services, their availability or what they do with data you send to them.

We own the Services, including all software, designs and documentation, and nothing in these Terms transfers that ownership to you. If you send us suggestions or feedback, we may use them without any obligation to you.

Each party will protect the other’s non-public information that it receives under these Terms with reasonable care, and use it only to carry out these Terms. This doesn’t apply to information that is public, already known to the recipient, independently developed, or that must be disclosed by law (with notice to the other party where the law allows).

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, ScreenFisher disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services will be uninterrupted, error-free or secure, or that data will never be lost.

The Services are software tools. They don’t provide legal, payroll, tax, employment, medical or safety advice, and Customer remains solely responsible for its own business decisions and its compliance with the laws that apply to it.

To the fullest extent permitted by law: (a) neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if advised they were possible; and (b) ScreenFisher’s total liability arising out of or relating to these Terms or the Services will not exceed the greater of the amounts you paid us for the Services in the 12 months before the event giving rise to the claim, or one hundred US dollars ($100).

These limits do not apply to Customer’s payment obligations or indemnity obligations, or to liability that cannot be limited by law.

Customer will defend, indemnify and hold harmless ScreenFisher and its members, employees and contractors from any third-party claim, and the resulting losses, damages, fines and reasonable attorneys’ fees, arising from: (a) Customer Data; (b) Customer’s or its End Users’ use of the Services or breach of these Terms; (c) Customer’s employment practices, including wage, hour, overtime, break, scheduling and monitoring claims; (d) injuries, accidents or losses involving Customer’s guests, clients, employees, premises, equipment or activities; and (e) messages, texts and marketing Customer sends through the Services.

• These Terms last as long as you use the Services.
• You may close your account at any time (see A5 for how billing ends).
• We may suspend or end access immediately if you materially breach these Terms, fail to pay (see A5), or if your use poses a security or legal risk to us or others. We may also end the Services for any other reason with at least 30 days’ notice, and will refund any prepaid fees for the period after termination.
• Sections that by their nature should continue after termination, including A6 (export and deletion), A8 through A12, A15 and A16, survive.

We may change the Services over time. We may update these Terms. If a change is material, we will notify Customer’s account owner by email or in the Services at least 30 days before it takes effect, except changes required by law or to address security, which may take effect sooner. The version and effective date are shown at the top of this page. Continuing to use the Services after a change takes effect means you accept it. If you don’t, you may cancel before it takes effect.

• Governing law. These Terms are governed by the laws of the State of Idaho, without regard to its conflict-of-laws rules.
• Talk to us first. Before filing a claim, each party will try to resolve the dispute informally by written notice and good-faith discussion for at least 30 days. Notices to us go to legal@screenfisher.com.
• Venue. Any lawsuit will be brought only in the state courts located in Madison County, Idaho, or the United States District Court for the District of Idaho, and each party consents to the personal jurisdiction of those courts. Either party may bring an individual claim in small claims court instead.
• Individual claims only. To the extent permitted by law, claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective or representative proceeding.
• Jury waiver. To the extent permitted by law, each party waives its right to a jury trial.
• Time limit. Any claim must be brought within one year after it arises, unless the law requires a longer period.

• Entire agreement. These Terms, the Privacy Policy and any Order are the entire agreement about the Services and replace any earlier agreement on the subject. If an Order conflicts with these Terms, the Order controls for that Order only. Terms in your purchase orders or other documents don’t apply.
• Severability. If any part of these Terms is unenforceable, the rest stays in effect, and that part is enforced as far as the law allows.
• No waiver. Not enforcing a provision isn’t a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of all or part of our business.
• Force majeure. Neither party is liable for delays or failures (other than payment) caused by events beyond its reasonable control, such as outages at hosting or network providers, natural disasters, severe weather or acts of government.
• Notices. We send notices to the account owner’s email address or in the Services. You send notices to legal@screenfisher.com.
• Independent parties. The parties are independent contractors. These Terms create no partnership, agency or employment relationship.
• Electronic records. You agree that acceptances, signatures and notices can be electronic.

SlopeHQ is an operations platform for ski resorts. It includes staff time clocks and scheduling, department chat, lift inspection checklists, ski patrol incident reports, lift ticket tracking, guest-app content and related tools.

Lift inspection checklists, incident reports, patrol tools, conditions reports and live headcounts are record-keeping and communication tools only. They don’t inspect, monitor or control any lift, trail or piece of equipment. They don’t replace trained personnel, manufacturer instructions, ANSI B77 or other industry standards, or any state or federal requirement. Customer is solely responsible for the operation, inspection, maintenance and safety of its lifts, terrain and facilities, for its ski patrol and emergency response, and for the safety of its guests and staff.

ScreenFisher is not liable for any injury, death, property damage or other loss arising from resort operations, lift operations, skiing or riding activities, or emergency response, whether or not SlopeHQ was used in connection with them.

Incident reports can hold sensitive information about injured guests, including minors, such as injury descriptions, medical facility, insurance status, photos and signatures. Customer is responsible for deciding what to collect and who in its organization can see it, for meeting any obligations to keep or produce these records (including litigation holds), and for exporting records it needs to keep before closing its account.

A resort’s super admins, and any admin granted the permission, can read all department chats and direct messages at that resort. SlopeHQ discloses this to staff before their first message and records their acknowledgment. Customer is responsible for complying with any workplace-monitoring notice or consent laws that apply to it.

Guest orders and payments run through Customer’s own Square account. Customer is the seller, and is responsible for prices, fulfillment, refunds, taxes and disputes. Push notifications and news Customer sends to guests must comply with applicable law and app store rules.

API tokens are confidential credentials. We may set rate limits, and may revoke tokens that are misused or that put the Services at risk. We may change or retire API endpoints with reasonable notice.

FlowClock is a time clock and scheduling tool. FlowClock uses a device at each location to detect when employees are on-site and clock them in and out automatically. FlowClock Go is a mobile version where employees clock in and out with a tap. Both include scheduling, time off, messaging and reporting.

Automatic and tap clock events can be missed, delayed or wrong. For example, a phone may be off, out of battery, out of range or not running the app. Customer must review and approve timesheets before running payroll, and must correct any errors. Customer is solely responsible for paying employees correctly, for keeping the payroll records the law requires, and for complying with wage-and-hour, overtime, meal-break and rest-break laws. ScreenFisher is not liable for unpaid wages, overtime, penalties or related claims.

• Unless your Order says you bought it, any clock-in device we supply stays ScreenFisher’s property and is provided to you only for use with FlowClock during your subscription.
• You are responsible for loss of or damage to the device beyond normal wear, and you will not open, modify or reprogram it.
• Within 30 days after your subscription ends, you will return any devices we own, or pay their then-current replacement cost.
• We will repair or replace a device that fails under normal use during your subscription. Apart from that, devices are covered by the disclaimers in A10.

If Customer uses automatic clock-in, Customer is responsible for notifying employees and obtaining any consent the law requires. The FlowClock app also shows employees a notice before enabling it.

Exports to QuickBooks are based on the data in FlowClock at the time of export. Customer is responsible for checking exported data in QuickBooks before relying on it.

OutFinder gives outfitters and guide services (“Outfitters”) online booking, payments, waivers, client records and text messaging. OutFinder is a software provider. It is not a travel agent or tour operator, and it does not provide, organize or supervise any trip.

Each Outfitter is the seller of its own trips. It sets prices, availability, deposits, cancellation and refund policies, and is solely responsible for the trips it offers, including safety, guides, equipment, permits, licenses, insurance and compliance with outfitter and guide regulations. The contract for a trip is between the Outfitter and its guest. ScreenFisher is not a party to it.

• Online payments are processed by Stripe through each Outfitter’s own Stripe connected account. Outfitters must accept and comply with the Stripe Connected Account Agreement.
• Where an Outfitter has the booking fee turned on, OutFinder charges guests a booking fee on online payments, currently 2% of the trip total, shown before checkout. The booking fee is non-refundable, including when the Outfitter refunds the trip.
• Where we offer a rebate program, we pay Outfitters a share of booking fees as described in the Services. Rebates are paid after a holding period, may be reduced or withheld for refunded or disputed payments, and the program may change with 30 days’ notice.
• The Outfitter is responsible for refunds of trip payments, chargebacks and disputes on its connected account, and taxes on its sales.

OutFinder lets Outfitters collect electronic signatures on waivers and releases. The Outfitter writes and is solely responsible for the content of its waiver, including whether it is enforceable where the Outfitter operates and whether it is valid for minors. ScreenFisher does not review waivers and makes no promise that any waiver will be enforced.

• The Outfitter is the sender of the text messages and emails it sends through OutFinder, and is responsible for complying with the Telephone Consumer Protection Act, CAN-SPAM, carrier rules and state law.
• The Outfitter may send marketing texts only to clients who opted in. This includes clients it imports or adds by hand. The Outfitter must honor opt-outs made by any reasonable means (our messaging provider blocks further texts after a STOP reply) and must not send messages at times or with content the law forbids.
• We may suspend messaging that draws carrier complaints or that we reasonably believe is unlawful.

When a guest consents, photos they send through OutFinder may be used in marketing by the Outfitter and by ScreenFisher. The Outfitter grants ScreenFisher a non-exclusive, royalty-free license to display such photos to promote OutFinder, and will tell us promptly if a guest withdraws consent.

If your employer, resort or outfitter invited you, your account is provided by and controlled by that organization. It can see, change, export or delete your data, and it decides what roles and permissions you have. Questions about your employment, pay or schedule should go to your organization, not to ScreenFisher.

By using the Services you agree to A3 (accounts and security), A4 (acceptable use), A8, A10, A11, A15 and A16 of these Terms, and to the Privacy Policy. Nothing in these Terms changes your rights as an employee under employment law.

Messages sent through the Services are business communications. Depending on the Product and your organization’s settings, your organization’s administrators may be able to read them (see B4 for SlopeHQ). Don’t send anything through the Services you wouldn’t want your organization to see.

When you book through an OutFinder booking page, you are buying a trip from the Outfitter named on that page, under that Outfitter’s own prices, deposit, cancellation and refund policies shown at checkout. ScreenFisher only provides the booking software and is not responsible for the trip itself.

Some online payments include an OutFinder booking fee. If one applies, it is shown before you pay. The booking fee is non-refundable, even if the Outfitter cancels or refunds your trip.

Any waiver you sign is between you and the Outfitter. Text messages are optional and sent only if you opt in. Reply STOP at any time to opt out, or HELP for help. Message and data rates may apply.

Questions or disputes about a trip should go to the Outfitter. Part A, sections A10, A11, A15 and A16, applies to any claim you bring against ScreenFisher.