Terms of Service

These Terms of Service govern your use of DSPsystem, a workforce scheduling and compliance management platform for IDD group home agencies, operated by KWT Holdings LLC dba DSPsystem ("we", "us", or "our"). By accessing or using DSPsystem, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our service.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use DSPsystem for your internal business operations, subject to these terms and your subscription plan.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Users must provide accurate information including their name, email address, and phone number. You must notify us immediately of any unauthorized use of your account.

By providing your phone number and creating an account on DSPsystem, you consent to receive transactional SMS notifications related to your employment, including shift offers, shift reminders, clock-in alerts, and two-factor authentication codes. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for help.

DSPsystem SMS messages are operational and informational in nature. They are not marketing messages. They include shift-offer notifications, clock-in/out reminders, missed-clock-in alerts, schedule changes, callout coverage requests, and account-related security codes.

Message frequency varies and is not guaranteed. It depends on your work schedule, your organization's activity, and which notifications your organization enables — some staff may receive no messages in a month, others may receive many. Your organization's subscription plan includes a monthly SMS allowance; once that allowance is used up, DSPsystem stops sending SMS for the remainder of that billing month. Push and in-app notifications are unaffected and continue to be delivered.

Message and data rates may apply depending on your mobile carrier. DSPsystem does not bill you personally for receiving messages. SMS is included in your organization's subscription as a monthly allowance that varies by plan; your organization, not you, is responsible for those subscription costs.

You can stop receiving SMS messages at any time by replying STOP to any DSPsystem SMS, or by disabling SMS in your account settings. Reply HELP to any DSPsystem SMS for support. Opting out of SMS does not affect your ability to use DSPsystem.

Consent to receive SMS messages is not a condition of using DSPsystem. You may use the service without enabling SMS notifications.

If you are using DSPsystem on behalf of an organization, your organization — including every administrator, manager, scheduler, or other user who enters or updates contact information — is solely responsible for the accuracy of each phone number entered into the service, and for obtaining and retaining any consent required by law, including the Telephone Consumer Protection Act (TCPA), before that number is used to receive SMS. We are not responsible for messages delivered to an incorrect, reassigned, or wrong-number recipient because of inaccurate information entered by your organization, and your organization is responsible for promptly correcting any such error and, where applicable, notifying the affected individual.

DSPsystem is a technology platform, not the sender of your organization's messages. Each SMS is transmitted only at the specific direction of your organization and is triggered by a discrete, individually-identifiable event tied to a specific staff record (for example, a shift offer to a named employee) — never by random or sequential number generation, and never as unsolicited marketing. Your organization selects the recipient, controls the underlying contact data, and directs when and whether a message is sent; DSPsystem does not independently decide who receives a message or when. As between you and DSPsystem, your organization is the sender and "initiator" of these communications for purposes of the TCPA and similar laws.

Our service is offered on a subscription basis:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice
• Failure to pay may result in suspension or termination of your account
• Payment processing is handled securely through Stripe

You agree not to:

• Use the service for any unlawful purpose or in violation of any regulations
• Attempt to gain unauthorized access to any part of the service
• Interfere with or disrupt the service or servers
• Upload malicious code or content
• Resell, sublicense, or redistribute access to the service

You retain ownership of all data you upload to DSPsystem. We do not claim ownership of your content. By using our service, you grant us a limited license to process your data solely to provide and improve our services.

You agree to indemnify, defend, and hold harmless KWT Holdings LLC dba DSPsystem, and its officers, employees, and agents, from and against any claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the service, including any SMS, email, or other communications that you, your organization, or your organization's users configure, request, or direct the service to send
• The accuracy of any phone number, email address, or other contact information that you or your organization's users enter, import, or maintain in the service
• Your failure, or your organization's failure, to obtain and maintain any consent required by the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or other applicable law before contact information is entered into the service or used to send communications
• Any communication sent to an unintended, incorrect, reassigned, or wrong-number recipient as a result of information entered by you or your organization
• Your violation of these Terms or of applicable law

To the maximum extent permitted by law, KWT Holdings LLC dba DSPsystem shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability for any claim arising from these terms or your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim.

The service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the service will be uninterrupted, error-free, or secure.

Either party may terminate the subscription:

• You may cancel your subscription at any time through your account settings
• We may suspend or terminate your access for violation of these terms
• Upon termination, your right to use the service ceases immediately

Upon account termination, you may request an export of your data within 30 days. After 30 days, we will delete your data in accordance with our Privacy Policy. We may retain anonymized or aggregated data for analytics purposes.

We reserve the right to modify these terms at any time. We will notify you of material changes via email or through the service. Continued use of the service after changes constitutes acceptance of the new terms.

These terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

If you have questions about these Terms of Service, please contact us at: KWT Holdings LLC, Vancouver, WA | Email: [email protected]