Terms & Conditions

Effective Date: July 2025

1. Acceptance of Terms

By or using the Haystack mobile application (the “App”) any web platform, including all related services provided by Haystack Solutions LLC (“Haystack,” “we,” “us,” or “our”), you (“User”) agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, do not use the App.

2. Eligibility and Access

– Access to the App is granted only to authorized employees or contractors of a participating company or organization (“Employer”) located in the United States.
– Access credentials (username and password) are assigned by your Employer. Users must be invited and credentialed by their Employer and/or an authorized administrator.
– You agree to keep your login credentials secure and confidential and notify us immediately of any unauthorized use.
– Continued access is contingent upon your active relationship with your Employer and may be revoked at any time.

3. Authorization to Enter Third-Party Data

– You represent and warrant that you are authorized by your Employer and any relevant individuals to access, enter, view, and edit personnel data and certifications using the App.
– You acknowledge and agree that you are solely responsible for ensuring any third-party data entered into the App (including worker certifications or personal information) is collected and processed lawfully.
– You represent and warrant that you have permission to enter, view, and edit personnel details into our App from all relevant parties.
– You agree to inform us promptly via email or other written communication if you inadvertently or without permission access any information which you are not authorized to access.
– You agree to inform all relevant parties whose information you enter, view, or edit in this App of these Terms & Conditions (as well as our Privacy Policy), and you represent and warrant that you have the implied authority of such parties to enter, view, or edit information in this App. You and your Employer further agree to indemnify, defend, and hold harmless Haystack from any claims arising out of unauthorized or unlawful entry, use, or sharing of third-party data via the App.

4. App Permissions & OCR Functionality

– To enable features such as Optical Character Recognition (OCR), the App may require access to your camera, photo storage, or device metadata.
– You may revoke these permissions via your device settings, though this could limit functionality.

5. Data Collection & Use

– Personal Information: name, phone number, occupation, profile photo.
– Certification Data: images captured via OCR, with related metadata (timestamps, location).
– Usage Data: device ID, IP address, app activity logs, and diagnostic data.
– We use collected data to:

  • Authenticate and identify Users and company personnel.

  • Enable OCR capture and validation workflows.

  • Send alerts and manage construction documentation.

  • Improve the App, diagnose issues, and for security purposes.

6. Data Storage & Security

– Data is saved locally on the device and in the cloud (AWS).
– We use commercially reasonable technical and organizational safeguards which may include encryption (in transit and at rest), access restrictions, secure authentication, and audit logging.
– However, no system is 100% secure, and you acknowledge that you provide data at your own risk.

7. Role of Haystack

– Haystack acts solely as a service provider or data processor, processing data on behalf of your Employer.

  • Your Employer remains solely responsible for any employment-related consequences, legal compliance, or worker communications resulting from the data entered into the App.

  • We do not verify the accuracy or legal sufficiency of data entered by Users.

8. Third-Party Services

– We may share information You enter into this App with:

  • Your Employer.

  • Providers working on our behalf (e.g. AWS, analytics vendors).

  • Legal or government authorities when required by law or to enforce our rights.

  • Prospective partners, vendors, or acquirers (in anonymized or aggregated form where possible).

9. Acceptable Use

– You agree not to:

  • Use the App for any illegal purpose or submit fraudulent data.

  • Input data without proper consent or legal basis.

  • Enter any sensitive information such as social security numbers or medical records.

  • Transmit harmful content or malware.

  • Circumvent or compromise App security.

  • Use the App in any way in contravention of these Terms & Conditions.

10. Intellectual Property

– The App, documentation, and all associated intellectual property are owned by Haystack Solutions LLC or its authorized licensors.
– Users are granted a limited, non-transferable license to use the App as provided under these Terms.

11. Warranty Disclaimer

– The App is provided “as is” and “as available,” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, title, non-infringment, or accuracy.
– We do not guarantee uninterrupted, accurate, or error-free service.

12. Limitation of Liability

– To the maximum extent allowed by law, we disclaim liability for indirect or consequential damages (e.g., lost data, lost profits, business interruption).
– We are not liable for any employment-related actions or decisions based on the information entered into the App.
– Our total liability, whether in contract, tort, or otherwise, will not exceed the fees you paid in the past 12 months (if applicable), or $100 if no fees were paid.
– We are not, in any way, liable for any claims of privacy or employment terms violations arising out of the information you enter, view, or edit in this App.

13. Indemnity

– You agree to indemnify and defend us against any claims arising from your misuse of the App or violation of these Terms & Conditions. For the avoidance of doubt, this shall include without limitation:

  • Your use or misuse of the App

  • Your violation of these Terms

  • Your entry or handling of third-party data

  • Any breach of authorization or applicable law by you or your Employer

14. Termination

– These Terms begin on acceptance and remain in effect until terminated.
– We may terminate these Terms at any time, and your Employer/administrator may revoke your access at any time.
– Upon termination by your Employer/administrator or termination by us, your access ends immediately; we may retain or delete your data as permitted by law. Access to the App is limited to individuals authorized by their employer/administrator and authorized by us. If your employment or contractual relationship with the authorizing company ends for any reason, you must immediately cease all access to and use of the App. By using the App, you acknowledge and agree that continued access is contingent upon your active affiliation with the Employer/administrator that granted you credentials and access may only be granted for authorized use consistent with these Terms. Unauthorized use following termination, or at any time prior to termination, may result in legal action and/or account deactivation without notice.

15. Governing Law & Dispute Resolution

– These Terms are governed by New York State law, without regard to its conflict of laws principles.
– You agree that any dispute, claim, or controversy arising out of or relating to the App shall first be resolved through good faith negotiation, and if unresolved, through binding arbitration in New York under the AAA Commercial Rules.

16. Modifications to Terms

– We may modify these Terms by updating this page or notifying you via the App or email.
– Continued use after changes are made constitutes your acceptance of modified Terms.

17. Waiver of Rights and Remedies

- To the maximum extent permitted by law, you waive any and all rights to bring any claim, action, or proceeding against Haystack Solutions LLC and its principals that arises out of or relates to your access or use of the App, except as expressly set forth in these Terms. You further waive any right to participate in a class action, mass action, or representative proceeding against Haystack Solutions LLC and its principals. Any claims must be brought individually in your personal capacity.

18. Limitation of Liability (Reinforced)

- UNDER NO CIRCUMSTANCES SHALL HAYSTACK SOLUTIONS LLC, ITS OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF GOODWILL), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR THE USE OF THE APP SHALL NOT EXCEED $100.

19. Severability and No Waiver

- If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

20. Contact Information

Haystack Solutions LLC
Email: apps@haystack-usa.com