Effective Date: January 18, 2025

Last Updated: January 18, 2025

These Terms of Service and End-User License Agreement ("Terms") govern your access to and use of the Rivvex software, mobile applications, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Acceptance of Terms

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy (collectively, the "Agreement"). Rivvex may modify these Terms at any time, with changes effective immediately upon posting. Continued use of the Service after changes constitutes acceptance.

2. Description of Service

Rivvex provides operational management software for trade contractors, including but not limited to:

  • Crew dispatching and scheduling
  • Job management and tracking
  • Time tracking and payroll integration
  • Equipment tracking and maintenance scheduling
  • Communication and collaboration tools
  • Reporting and analytics
  • Mobile applications for iOS and Android

Rivvex may modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Account Registration and Security

You must be at least 18 years old and capable of forming a binding contract. You agree to:

  • Provide accurate, complete registration information
  • Maintain the security of your credentials
  • Be responsible for all activities under your account
  • Notify Rivvex promptly of any unauthorized access

You may not share credentials, transfer accounts, or use another person's account without permission.

4. License Grant and Restrictions

4.1 License Grant: Subject to these Terms, Rivvex grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its software solely for your internal business purposes.

4.2 Restrictions: You may not:

  • Copy, modify, distribute, or create derivative works from the Service
  • Reverse engineer, decompile, disassemble, or attempt to extract source code
  • Sublicense, resell, or rent the Service to third parties
  • Circumvent any security or usage limits
  • Access the Service to build a competitive product or service
  • Remove proprietary notices or trademarks

5. Acceptable Use

You agree not to use the Service to:

  • Violate any law or third-party rights
  • Upload or transmit malware or malicious code
  • Interfere with or disrupt the Service or its infrastructure
  • Access the Service using automated systems without authorization
  • Impersonate any person or misrepresent affiliation
  • Collect or store personal data of others without consent
  • Harass, abuse, or harm others
  • Use the Service for illegal or unauthorized purposes

Violation of this section may result in immediate termination of your account.

5.5 Phone Number Opt-In and Consent

5.5.1 Opt-In Requirement: By providing your phone number to Rivvex, you expressly opt in to receive communications from us, including but not limited to SMS/text messages, phone calls, and automated notifications related to your account, service updates, security alerts, and support communications. Message and data rates may apply.

5.5.2 Third-Party Phone Numbers: You may only provide phone numbers for individuals who have explicitly consented to receive communications from Rivvex. You represent and warrant that:

  • You have obtained express written or electronic consent from each individual whose phone number you provide
  • Each individual has been informed that they will receive SMS/text messages and phone calls from Rivvex
  • Each individual has been provided with clear instructions on how to opt out of communications
  • You maintain records of such consent and will provide them to Rivvex upon request

5.5.3 Opt-Out Rights: Recipients may opt out of receiving communications at any time by replying "STOP" to any SMS message, contacting us at hello@rivvex.com, or using the opt-out mechanisms provided in our communications. We will honor opt-out requests promptly.

5.5.4 Compliance: You are responsible for ensuring compliance with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state-specific telemarketing and text messaging laws. Violation of these requirements may result in immediate termination of your account and may expose you to legal liability.

5.5.5 Indemnification: You agree to indemnify and hold harmless Rivvex from any claims, damages, or penalties arising from your failure to obtain proper consent for phone numbers you provide or your violation of applicable communications laws.

6. Subscription, Payment, and Billing

6.1 Plans and Fees:Rivvex offers subscription plans with varying features and prices. Current pricing is listed on our pricing page.

6.2 Billing and Renewal: Subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable unless required by law or explicitly stated. Subscriptions automatically renew unless canceled prior to renewal. Price changes will be communicated at least 30 days in advance.

6.3 Cancellation: You may cancel anytime through your account settings. Cancellation takes effect at the end of the current billing period.

6.4 Taxes and Withholding: All fees are exclusive of applicable taxes. You are responsible for all taxes except those based on Rivvex's income.

7. Data Ownership and License

7.1 Customer Data: You retain ownership of data you input into the Service ("Customer Data"). You grant Rivvex a limited, worldwide license to host, process, transmit, and display Customer Data solely to operate and improve the Service.

7.2 Data Security and Privacy:Rivvex maintains commercially reasonable administrative, physical, and technical safeguards to protect Customer Data. Our practices are described in the Privacy Policy.

7.3 Data Retention and Deletion: Upon termination, Rivvex will retain Customer Data for 30 days to permit export. After this period, data may be deleted in accordance with our data retention policy.

8. Integration with Third-Party Services

8.1 Authorization and Access: When you connect Rivvex to third-party services (such as accounting software or other business tools), you authorize Rivvex to access and process data as permitted by those platforms' consent screens.

8.2 Token Handling and Security:Rivvex encrypts all OAuth tokens, refresh tokens, and client secrets both in transit (TLS 1.2+) and at rest (AES-256). Tokens are never stored in client-side code, logs, or transmitted outside secure APIs.

8.3 Scope and Data Use:Rivvex accesses only the data required to provide requested features (e.g., time tracking, payroll, or invoicing). We do not sell or disclose your third-party service data to other parties.

8.4 Revocation and Disconnection: You may disconnect third-party services at any time from within Rivvex or your third-party account. Upon revocation, all tokens are destroyed, and related data will be deleted or retained only as required by law.

9. Data Processing and Compliance

Rivvex acts as a data processor of Customer Data on your behalf. Processing is governed by these Terms and applicable data protection laws.

Our data processing practices include:

  • Clear definition of types and purposes of data processing
  • Implementation of appropriate security measures to protect your data
  • Use of vetted subprocessors to support service delivery
  • Breach notification procedures (within 72 hours of confirmed incident)

10. Service Levels and Availability

Rivvex targets 99.9% uptime, excluding scheduled maintenance. Maintenance windows will be announced in advance when possible. The Service may occasionally be unavailable due to updates or internet/network issues beyond Rivvex's control.

11. Intellectual Property

All intellectual property rights in the Service, including software, designs, and trademarks, are owned by Rivvex or its licensors. You obtain no ownership rights under these Terms.

Feedback, suggestions, or feature ideas provided by users may be freely used by Rivvex without obligation or compensation.

12. Confidentiality

Each party agrees to protect confidential information of the other using reasonable care and not to disclose it to any third party except as required to perform obligations under these Terms or by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
  • RIVVEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR DATA.
  • RIVVEX'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitations of liability, so these limits may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless Rivvex, its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your breach of these Terms
  • Your violation of any law or third-party rights

Rivvex will indemnify you against any third-party claim that the Service infringes that party's intellectual property rights, provided you promptly notify Rivvex and allow control of the defense.

15. Termination and Suspension

Rivvex may suspend or terminate access immediately if you:

  • Breach these Terms
  • Fail to pay fees when due
  • Engage in conduct that poses a security or legal risk

Upon termination, your license and right to use the Service cease immediately. Rivvex will provide data access for 30 days post-termination for export.

Sections relating to ownership, confidentiality, limitation of liability, and dispute resolution shall survive termination.

16. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws.

Any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Austin, Texas.

You agree to resolve disputes individually and waive participation in any class action or representative proceeding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

17. Export Controls and Legal Compliance

You agree to comply with all applicable U.S. and international export laws and sanctions. You may not use or export the Service in violation of U.S. Department of Commerce, OFAC, or other applicable regulations.

18. Modifications and Updates

Rivvex may update these Terms at any time. Material changes will be communicated via email or posted on our website. Your continued use of the Service after updates constitutes acceptance of the revised Terms.

19. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Rivvex.

Assignment: You may not assign your rights without Rivvex's written consent.

Severability: If any provision is found unenforceable, the remainder remains in effect.

Waiver: No waiver of a term is a waiver of any other or continuing breach.

Force Majeure:Rivvex is not liable for delays or failures caused by events beyond reasonable control.

Notices: Notices must be sent electronically to hello@rivvex.com.

20. Contact Information

If you have any questions about these Terms or your account, contact us:

Email:hello@rivvex.com

Address:
11524 Downs Rd
Pineville, NC28134
USA