FOREMAN Terms & Conditions

By accessing or using FOREMAN — the FOREMAN web application, the FOREMAN mobile app, and the related backend services (together, the “Service”) — you agree to these Terms & Conditions (“Terms”). If you do not agree, do not use the Service.

If you are using FOREMAN as part of your work, you are doing so on behalf of the organization that gave you access, and you confirm you are authorized to accept these Terms on that organization's behalf as it applies to your use.

FOREMAN is software for warehouse labor operations. It is used by warehouse labor providers, lumper companies, and 3PL operations to manage customers, warehouse locations, work types, loads, crew assignments, worked time, operational notes and attachments, payroll review, customer billing, and invoicing.

The FOREMAN mobile app is the on-the-floor part of that system. It is provided for Lead Supervisors, who use it to check in to an assigned warehouse, create and run loads, assign crew, record clock-in, clock-out and break events, record load details and notes, and attach photos, videos, and documents. Accounts with other roles are not permitted to sign in on mobile.

A full description of current capabilities is on the FOREMAN features page. FOREMAN is not a warehouse management system, an accounting system, or a payment system.

FOREMAN is also sold and delivered under separately negotiated agreements — implementation, licensing, subscription, support, or master services agreements — between ScalePixels and a customer organization.

Where a separately executed written agreement between ScalePixels and a customer conflicts with these Terms, that agreement controls for that customer and its authorized users, to the extent of the conflict. These Terms continue to apply to everything the separate agreement does not address.

These Terms do not create any pricing, service level, availability, support, or renewal commitment. Those come only from a separate written agreement.

The Service is licensed for internal business use by the customer organization that holds the FOREMAN subscription and by the users that organization authorizes. Subject to these Terms and to any applicable separate agreement, ScalePixels grants that organization a non-exclusive, non-transferable, revocable right to access and use the Service during the term of its subscription.

The Service is not offered for personal, household, or consumer use, and it may not be resold, sublicensed, or provided as a service to third parties without our prior written agreement.

FOREMAN accounts are created and managed by administrators at the customer organization. There is no public registration, and the mobile app does not allow account creation.

You are responsible for keeping your workspace code, email address, and password confidential, and for activity that occurs under your account. Do not share credentials or let someone else use your account. Tell your administrator promptly if you believe your account has been compromised.

Password resets are performed by an administrator at your organization. Deactivating an account, changing a user's role, and changing which warehouses a user can reach are also administrator actions.

What you can see and do in FOREMAN is determined by the role and warehouse assignments your organization configures, and by whether you are checked into a warehouse. Those controls are enforced by the Service, but the decisions behind them belong to your organization.

You may not attempt to reach records outside your assigned organization, role, or warehouse, or to work around access controls in any way.

The customer organization is responsible for:

• The accuracy of everything it enters or configures in FOREMAN, including pay rates, billing rates, work types, warehouses, customers, and employee records.
• Deciding who is granted access, with which role, to which warehouses — and revoking access promptly when someone leaves or changes jobs.
• Reviewing operational results before relying on them for payroll, invoicing, or any other business or legal purpose.
• Its own compliance obligations, including wage and hour, employment, recordkeeping, tax, and privacy laws that apply to its workforce and its customers.
• The security of its own devices, networks, and credentials.

Customer organizations put information about their employees, crew members, business customers, and warehouse operations into FOREMAN. The organization decides what that information is and who inside the organization may see it.

By submitting that information, the organization confirms it has the authority and any notices or permissions required to do so, and that its use of FOREMAN for workforce and operational recordkeeping complies with applicable law.

How that information is handled is described in the FOREMAN Privacy Policy.

“Customer Content” means the operational data and files put into FOREMAN by a customer organization and its users — records, notes, photos, videos, documents, and similar material.

As between the parties, the customer organization owns its Customer Content. ScalePixels claims no ownership of it.

To operate the Service, the customer organization grants ScalePixels a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, display, and otherwise use Customer Content solely as needed to provide, secure, support, and maintain the Service for that organization, and as otherwise permitted by a separate written agreement or by law.

You are responsible for the content you upload. Do not upload material you do not have the right to share, or material that is unlawful.

You agree not to:

• Use the Service unlawfully, or in violation of these Terms or an applicable separate agreement.
• Attempt to gain unauthorized access to the Service, to another organization's workspace, to accounts, or to related systems and networks.
• Probe, scan, reverse engineer, decompile, or attempt to derive the source code of the Service, except where that restriction is prohibited by law.
• Interfere with the Service's operation, including by automated scraping, excessive load, or circumventing rate limits or access controls.
• Upload malicious code, or content that is unlawful, infringing, or that you lack the right to share.
• Enter deliberately false records, including false time, crew, or production entries.
• Use the Service to build or assist a competing product.

Subject to these Terms, ScalePixels grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the FOREMAN mobile app on a device you own or control, solely to access the Service as an authorized user of a customer organization.

You may not copy, modify, distribute, sell, lease, or create derivative works from the app, and you may not remove or obscure any proprietary notice within it. This license ends when your authorization to use the Service ends.

FOREMAN — including the software, its design, interfaces, documentation, and the FOREMAN and ScalePixels names and branding — is owned by ScalePixels or its licensors and is protected by intellectual property laws. Nothing in these Terms transfers ownership of it.

Feedback and suggestions you send us about FOREMAN may be used to improve the Service without obligation to you. This does not give us any rights in your Customer Content.

FOREMAN relies on third-party infrastructure providers, and the mobile app is distributed through the Apple App Store and Google Play. Your use of those stores is governed by their own terms.

Apple and Google are not parties to these Terms, are not responsible for FOREMAN, and have no obligation to provide support for it. These Terms are between you and ScalePixels alone.

Opening a document or a link from within the app may hand off to your device's browser or another application. We do not control those, and their own terms and policies apply.

We may add, change, suspend, or discontinue features of the Service, and we may perform maintenance that makes it temporarily unavailable. We may also release updates to the mobile app, and older versions may stop working with the Service over time.

Unless a separate written agreement says otherwise, the Service is provided without any specific availability or uptime commitment.

FOREMAN calculates operational figures — worked time, production quantities, payroll amounts for review, customer billing, and invoices — from the data and configuration the customer organization supplies. Those outputs are only as accurate as the rates, records, and settings behind them.

Recording a payroll payment or an invoice status in FOREMAN is a bookkeeping record of something that happened elsewhere. FOREMAN does not move money. It does not transfer wages, process payments, or send funds.

ScalePixels is not a bank, money transmitter, payment processor, payroll processor, employer of record, staffing agency, accountant, tax advisor, or law firm, and FOREMAN is not any of those things. Nothing produced by the Service is legal, tax, accounting, or employment advice.

The customer organization is responsible for reviewing and approving payroll, billing, and invoicing results before acting on them, and for its own compliance with wage and hour, tax, and employment law.

A customer organization can remove or deactivate any of its users' accounts at any time. Your access ends when your organization ends it, or when its subscription ends.

We may suspend or terminate access where we reasonably believe it is necessary to protect the Service or others — for example, in response to a security risk, unlawful use, or a material breach of these Terms — or where required by law. Where a separate written agreement sets out termination and data-return procedures, that agreement controls.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive it.

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure against every threat, or that its outputs will be free of error. This section does not limit any warranty that cannot be disclaimed under applicable law, and it does not override an express written warranty in a separate agreement.

To the fullest extent permitted by law, ScalePixels will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or lost or corrupted data, arising out of or related to the Service, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or related to the Service will not exceed the greater of the amounts paid to ScalePixels for the Service in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars ($100).

Where a separate written agreement between ScalePixels and a customer sets out a different limitation of liability, that agreement controls for that customer. Some jurisdictions do not allow certain limitations, in which case those limitations apply only to the extent permitted.

To the fullest extent permitted by law, the customer organization will defend, indemnify, and hold harmless ScalePixels and its personnel from third-party claims, damages, losses, liabilities, and reasonable costs and legal fees arising out of its Customer Content, its use of the Service in breach of these Terms or applicable law, or its failure to obtain any notices, consents, or authorizations required for the workforce or customer information it puts into FOREMAN. Where a separate written agreement sets out indemnification, that agreement controls.

These Terms are governed by the laws of the United States, without regard to its conflict-of-law principles. Where a separate written agreement specifies a governing law or a dispute-resolution process, that agreement controls for that customer.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

We may revise these Terms from time to time. When we do, we will update the effective date at the top of this page. Continuing to use the Service after a revision means you accept the revised Terms. Where a separate written agreement governs change notification, that agreement controls.

Questions about these Terms can be sent to ScalePixels at contact@scalepixels.co.