Construction Check In Privacy Policy

Terms of Service

Construction Check In

Effective date: October 6, 2026

These Terms of Service ("Terms") are a contract between you and Samana Holdings LLC, a California limited liability company ("we", "us", "our"). Construction Check In is our product. They cover the Construction Check In mobile apps, our websites at constructioncheckin.com (including invite links and any sign-in we offer in a browser) and our support. Together these are the "Service".

Important. Section 17 requires you and us to resolve most disputes by binding arbitration, one person or one company at a time, and not in court. You and we give up the right to a jury trial and the right to take part in a class action. You can opt out of arbitration within 30 days after you first accept these Terms, as Section 17.10 explains. Sections 14, 15 and 18 limit what you can recover from us and how long you have to bring a claim.

1. The agreement and who it is with

1.1 Two kinds of people use the Service. The Customer is the business (a company, partnership, sole proprietor or other organization) for which a company account is created. A User is each person who has an account: the Customer's admins and managers, and its crew. "You" means the Customer, the User, or both, as the sentence requires.

1.2 If you create a company account, or act for the business in the Service, you accept these Terms on behalf of the Customer and for yourself, and you confirm that you have the authority to bind the Customer. If you do not have that authority, do not create the account.

1.3 If you join a company's account, you accept these Terms for yourself as a User. The company you join is the Customer.

1.4 How you accept. You accept these Terms when you create an account, tick or tap to agree, buy a plan, or use the Service, whichever comes first. If you do not agree, do not use the Service.

1.5 If you use the Service for your work. The Customer controls its company account and the records in it. It decides who is let in, what role each person has, and who is removed. Its admins and managers see what you record in its account, as our Privacy Policy describes, and the Customer keeps its records under its own policies after you leave. We provide the Service to the Customer. We are not your employer, we do not set or pay your wages, and we are not responsible for the Customer's decisions about your hours, your pay, discipline, or anything else about your work. Questions and disputes about those are between you and the Customer.

1.6 Privacy Policy. Our Privacy Policy explains what information we collect and how we use it. By using the Service you acknowledge it. It is a notice and is not part of this contract.

1.7 Separate signed agreements. If the Customer has a written agreement with us signed by both sides, that agreement controls wherever it conflicts with these Terms.

2. Who may use the Service

2.1 You must be at least 18 years old and able to enter into a contract. The Customer must not invite anyone under 18.

2.2 The Service is a workplace tool. You use it for business or work, not for personal, family or household purposes.

2.3 The Service is offered in the United States, for use in the United States.

2.4 You may not use the Service if we have suspended or removed you, or if the law forbids you from receiving it (Section 22.3).

3. Accounts, roles and invites

3.1 Your account. Give accurate information when you sign up and keep it accurate. An account is for one person: do not share your sign-in details, and do not let anyone else clock in or act as you. Keep your password secret. You are responsible for what is done through your account. Tell us at once at mike@samanaholdings.com if you think someone else has used it.

3.2 Roles. A company account has admins, managers and employees (crew). Admins and managers act for the Customer in the Service. The Customer is responsible for what its admins and managers do, for the roles it gives people, and for removing people who should no longer have access.

3.3 Invites. The Customer's invite link and invite code let people ask to join its account, or join at once if the Customer has chosen to let people straight in with the link. The Customer is responsible for who receives them, for everyone it lets in, and for replacing the link and code if they reach the wrong people.

3.4 Who speaks for the Customer. We may treat any admin of a company account as authorized to act for the Customer, including to change settings, remove people, buy or cancel a plan and close the account. If people disagree about who controls a company account, we may rely on the admins the account shows, ask for proof, or suspend the account until they settle it. We do not decide those disagreements and are not liable for acting on an admin's instructions.

3.5 Closing is permanent. When a company's only admin deletes their own account, the company account is closed and everything in it is deleted for everyone. It cannot be recovered. Section 13 says more.

4. What the Service is, and what it is not

4.1 What it does. The Service records the time at which a User taps to clock in, to clock out, or to start and end lunch. It records the location the User's phone reports at clock-in and, where the phone gives one, at clock-out. It adds up hours and marks overtime using the settings the Customer chose. It stores daily reports, photos, comments and receipts, and reads receipts with an AI model (Section 8). It shows all of this to the Customer's admins and managers.

4.2 What it is not. The Service is a record-keeping tool. It is not a payroll service, and nothing in it is legal, tax, accounting or employment advice. It does not calculate pay, withhold or file taxes, or tell you what any wage-and-hour law requires. It is not a safety system or an emergency service. It does not follow where anyone is during a shift, and it must never be relied on to find, protect or check on a person.

4.3 Limits you need to know. What the Service records and adds up can be wrong or incomplete. In particular, as the Service is built on the effective date of these Terms (we may change any of this):

  • (a) Location comes from the phone. It can be off by a wide margin, unavailable, or deliberately faked. The Service matches a clock-in to a job site when the reported location falls inside the circle the Customer drew for that site. It still lets a User clock in when the phone is not at any job site, and clock out with no location at all. A recorded location shows what a phone reported. It does not prove where a person was.
  • (b) Times. A clock-in or clock-out is stamped when our servers receive it, so a weak connection delays it. People forget to clock in and out.
  • (c) Long shifts. A shift left open stops adding hours once it reaches a maximum length that we set (12 hours on the effective date), even if the person kept working.
  • (d) Days and weeks. A whole shift counts toward the day, in the Customer's time zone, on which it began, including a shift that runs past midnight. Weeks run in fixed seven-day blocks that start on a Monday. These may not match the Customer's legal workweek or its pay period.
  • (e) Overtime. Overtime figures apply the one daily or weekly threshold the Customer chose, and nothing else. They do not apply double time, seventh-day rules, state or local rules, union agreements, or rules that differ from one worker to another.
  • (f) Lunch. The Service records a lunch break only when the User marks one, allows one per shift, and subtracts it from hours only if the Customer set lunch as unpaid. It does not schedule, enforce or verify any meal or rest break the law requires.
  • (g) Corrections. The Service may offer no way to correct a record after it is made.
  • (h) Receipts read by AI can be misread (Section 8).
  • (i) Notifications and reminders can arrive late or not at all.

4.4 The Customer must check. Before the Customer uses anything from the Service for payroll, billing, job costing, taxes, or a decision about a worker, it must check it against what it knows and correct it in its own records. The Customer must pay its workers for all time they worked, whether or not the Service recorded it.

5. The Customer's duties as an employer

5.1 The Customer's workers are the Customer's responsibility. As between the Customer and us, the Customer alone is responsible for its relationship with everyone who works for it, whether employee, independent contractor or subcontractor, including how they are classified, hired, scheduled, supervised, paid, disciplined and let go. We are not an employer, joint employer, payroll provider or agent of the Customer.

5.2 Telling workers and getting consent. Before a worker uses the Service, the Customer must:

  • (a) tell the worker, in a language the worker understands, what the Service records about them (including their location when they clock in and out, their time records, and the reports, photos and receipts they send), that the Customer's admins and managers can see it, and that we handle it for the Customer;
  • (b) give every notice and get every consent that the law where the worker works requires for electronic monitoring, location tracking and collecting workers' personal information; and
  • (c) keep proof that it did.

5.3 Workers' phones. The Customer decides whether its workers use their own phones for the Service, and is responsible for any reimbursement the law requires.

5.4 Wage-and-hour law. The Customer is responsible for complying with every law on wages, hours, overtime, meal and rest breaks, pay statements and record keeping, and for choosing settings in the Service (time zone, overtime, lunch) that fit its obligations.

5.5 Keeping records. The Customer is responsible for keeping whatever records the law requires, for as long as the law requires. When a worker deletes their own account, the Service keeps the records of that worker's work in the Customer's company account, under the worker's name. Records leave the Service when a User deletes a receipt, and everything is deleted when the company account closes (Section 3.5). The Customer must keep its own copies of anything it needs. We are not the Customer's record keeper, and we are not liable for records removed in those ways.

5.6 What the Customer enters. The Customer is responsible for the accuracy of what it and its Users enter, including job-site locations and sizes, people and roles.

5.7 Photos and sensitive information. The Customer is responsible for having the right to take, upload and keep the photos its Users send, including photos that show people, a client's property or documents. The Service is not built to hold Social Security numbers, government ID numbers, medical information, bank account numbers or full payment card numbers. Do not put them in it.

5.8 Workers' requests. The Customer is responsible for answering its workers' requests about their work records, including requests to see, correct or delete them. Section 7.4 says how we help.

6. Rules of use

You must not, and must not let anyone else:

  • (a) record false information, including by clocking in or out for another person, faking or altering a phone's location or clock, or sending a report or receipt you know is false;
  • (b) use the Service to track or monitor anyone outside their work, or without the notices and consents the law requires, or for anything unlawful, harassing or discriminatory;
  • (c) upload anything you have no right to upload, anything unlawful, obscene, threatening or infringing, or any malicious code;
  • (d) reach, or try to reach, another company's account or another person's information, or get around any limit, security measure or access control;
  • (e) probe, scan or test the Service for weaknesses, overload it, or use a script, bot or scraper on it, without our written permission;
  • (f) copy, modify, reverse engineer or decompile the Service or make derivative works from it, except where the law gives you a right that a contract cannot take away;
  • (g) resell, rent or provide the Service to anyone outside the Customer, or use it to build a competing product;
  • (h) use the receipt reader on anything other than receipts and invoices, or get around the limits we set on scanning; or
  • (i) use the Service in a way that breaks the law or the terms of any provider described in Section 11.

We may remove content and suspend accounts that break these rules (Section 13).

7. Customer Data

7.1 What it is and who owns it. "Customer Data" is everything the Customer and its Users put into or create in the Customer's company account: people and roles, job sites, time records and the locations recorded with them, reports, photos, comments, receipts and settings. As between the Customer and us, the Customer owns it. We treat the work records a User creates in a company account as belonging to that Customer.

7.2 The permission we need. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Customer Data as needed to provide, maintain, secure and support the Service, to comply with the law, and as the Customer directs. This includes sending receipt photos to our AI provider (Section 8) and using the other providers listed in our Privacy Policy.

7.3 The Customer's promise. The Customer confirms that it has every right, notice and consent needed for it and for us to handle Customer Data as these Terms and the Privacy Policy describe.

7.4 Our role with personal information in Customer Data. For personal information in Customer Data, the Customer is the "business" or "controller" and we are its "service provider" or "processor", under the privacy laws that use those words. We will:

  • (a) use it only to provide the Service to the Customer and for the limited purposes those laws allow a service provider, such as security, preventing fraud, fixing errors and improving the Service;
  • (b) not sell it, and not share it for cross-context behavioral advertising;
  • (c) not keep, use or disclose it outside our direct business relationship with the Customer, and not combine it with personal information we get from other sources, except as those laws allow;
  • (d) use other providers only under written terms that require them to protect it, and list those providers in our Privacy Policy;
  • (e) keep reasonable security measures suited to the information;
  • (f) tell the Customer promptly after we discover that someone has had unauthorized access to it, and in any case as fast as the law requires;
  • (g) pass on to the Customer any request we receive from a person about their information in Customer Data, and give the Customer reasonable help in answering it where the Customer cannot do so through the Service itself;
  • (h) tell the Customer within five business days if we decide we can no longer meet these obligations;
  • (i) let the Customer, on reasonable notice, take reasonable steps to confirm that we use the information as this Section says, and to stop and correct any unauthorized use; and
  • (j) comply with the privacy laws that apply to us as a service provider, and give the information the level of protection those laws require.

7.5 Information we are responsible for ourselves. We decide how to handle each User's sign-in details and profile, the support conversations people have with us, billing records, and our own security and usage logs. The Privacy Policy explains how.

7.6 Statistics. We may create statistics and other information from the use of the Service that do not identify the Customer or any person (for example, how many receipts are scanned in a day), and use them for any lawful purpose.

7.7 No AI training. We do not use Customer Data to train AI models, and we send receipt photos to our AI provider under terms that do not allow it to train its models on them.

7.8 Feedback. If you send us ideas or suggestions about the Service, we may use them without restriction and without paying you.

8. Receipt reading by AI

8.1 When a User scans a receipt, we send the photo to an AI model run by another company, named in the Privacy Policy. The model reads the store, the total, the date, the category and the line items.

8.2 AI readings can be wrong. The model can misread digits, dates and names, pick the wrong category, miss items, or leave a field blank. The User must check every reading against the receipt before saving it. A saved receipt is the User's own entry.

8.3 Readings are not accounting or tax records, and are not accounting or tax advice. Keep the original receipts for as long as the law or your accountant requires.

8.4 We may limit how many receipts can be scanned, change the model or the provider, or turn scanning off.

9. Plans, trials, billing and renewal

9.1 Plans. We may offer the Service free, on a free trial, or on paid plans, and we may start charging for something that was free. We will tell you before that happens, and you are never charged without choosing a plan. A paid plan may be limited by the size of the Customer's crew or in other ways. The plan, its limits, its price and its billing period are the ones shown when the Customer buys (the "plan and price shown at purchase"). If the Customer goes over a plan's limit, we may stop it adding people or require it to move to the plan that fits. A Customer whose needs go beyond our listed plans needs a plan agreed with us.

9.2 Free trials. We may offer a free trial for the period shown when the Customer signs up. A trial needs no payment method, and we charge nothing when it ends. Unless the Customer buys a plan before the trial ends, we may limit or switch off the company account when it ends, and we may delete its Customer Data 30 days or more after that. A Customer gets one trial unless we agree otherwise. We may change or withdraw trial offers at any time for anyone who has not yet started one.

9.3 Buying on the web with a card. If the Customer buys a plan from us on the web:

  • (a) The plan renews automatically. At the end of each billing period (each month, unless the purchase page shows another period) it renews for another period, at the price then in effect for the plan, until the Customer cancels.
  • (b) Authorization to charge. The Customer authorizes us and our payment processor to charge the payment method on file at the start of each billing period for the price shown at purchase (as changed under Section 9.6), plus any tax.
  • (c) Cancelling. The Customer can cancel at any time in the billing settings of its account on the web, or by emailing mike@samanaholdings.com. Cancelling stops the next renewal. The plan stays active until the end of the period already paid for.
  • (d) Failed payments. If a charge fails we may try it again. If it stays unpaid after we have told an admin, we may limit, suspend or close the company account.
  • (e) Card details are handled by our payment processor under its own terms.

9.4 Buying through the App Store or Google Play. If the Customer buys a plan inside the app through Apple or Google:

  • (a) Apple or Google is the seller that takes the payment, not us. It charges the Apple or Google account used for the purchase, under its own terms, which apply as well as these.
  • (b) The plan renews automatically for the period shown at purchase and at the price shown at purchase (as changed under the store's rules), unless it is cancelled in the store account before the deadline the store sets. For Apple, that is at least 24 hours before the end of the current period, and the account is charged for the renewal within 24 hours before the current period ends.
  • (c) Cancelling is done in the store account's subscription settings, not with us. Deleting the app, or deleting an account in the app, does not cancel a store subscription.
  • (d) Refunds for store purchases are decided by Apple or Google under their own policies. We cannot give or refuse them.
  • (e) Prices in the stores may differ from prices on the web.

9.5 One plan per company. A company account needs only one active plan. If the Customer buys more than one (for example one on the web and one in a store), the Customer is responsible for cancelling the one it does not need.

9.6 Changes to plans, limits and prices. We may change the plans we offer, what each includes, its limits and its price. For a Customer already on a plan bought on the web, a price increase or a material cut to what the plan includes takes effect no sooner than the first renewal that falls at least 30 days after we send notice to an admin, and the Customer can cancel before then. Where a law sets a different notice period, we follow that law. For store purchases, price changes follow the store's rules, which may ask for agreement to the new price.

9.7 Taxes. Prices do not include sales, use or similar taxes unless the purchase page says so. The Customer pays any such taxes that apply, and we or the store collect them where required.

9.8 Refunds. Except where the law requires otherwise or Section 13.3 applies, payments are not refundable, and we do not give refunds or credits for part of a billing period, for capacity the Customer did not use, or for time an account was suspended for breach or non-payment.

10. Our rights in the Service

10.1 We and our licensors own the Service, including its software, design, text and trademarks. These Terms give you no rights in them except the licence in Section 10.2.

10.2 While these Terms are in effect and you comply with them, we give you a limited, non-exclusive, non-transferable, revocable licence to install the app on phones you own or control and to use the Service for the Customer's internal business.

10.3 The Service includes open-source software that comes under its own licences. Those licences govern that software.

11. Other companies' services

The Service depends on services run by other companies, including Apple and Google (app stores, maps and notifications), our hosting, email and notification providers, our AI provider and, for paid plans, payment providers. Our Privacy Policy lists them. Their services come under their own terms. We do not control them and are not responsible for them, for their failures, or for changes they make. On Android the map is Google Maps, and by using it you are bound by the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

12. Changes to the Service and availability

We may add, change or remove features, and set or change limits on use (for example on scans, uploads and requests), at any time. We try to keep the Service running, but we do not promise that it will be available without interruption, and we may take it down for maintenance or in an emergency. Features we mark as beta or preview are provided as they are and may be withdrawn.

13. Suspension and ending

13.1 By you. A User can stop using the Service and delete their account in the app at any time. The Customer can cancel its plan (Section 9) and close its company account at any time.

13.2 By us, for a reason. We may suspend or end a User's access or a company account, with whatever notice is reasonable in the circumstances (which may be none), if you break these Terms, if a payment is overdue, if we believe it is needed to protect the Service, other customers or anyone's safety or information, or if the law requires it.

13.3 By us, without a reason. We may end the Customer's plan, or stop offering the Service, on at least 30 days' notice to an admin. If we do, we will refund any amount the Customer paid us directly for the time after the end date. Store purchases are refunded by the store under its rules.

13.4 What happens then. When a company account ends, the right of the Customer and of its Users to use the Service in that account ends. We may delete its Customer Data 30 days or more after the account ends, and closing an account from inside the Service deletes it at once. Deleted data cannot be recovered. The Customer is responsible for taking any copies it needs before then. If the Customer asks us before the data is deleted, and it is practical, we may provide a copy.

13.5 A User's own account. Deleting your account deletes your sign-in (your email address and password), your settings and your conversations with our support. The records of your work (your time records, daily reports and receipts) stay with the Customer under your name, because the law requires employers to keep work records. If you are the only admin of a company, deleting your account also closes the company account and deletes everything in it (Section 3.5). The Privacy Policy sets out exactly what is deleted and what stays.

13.6 What survives. Sections 4, 5, 7.6, 7.8, 10 and 14 to 22, and any amounts owed under Section 9, continue after these Terms end. Section 7.4 continues for as long as we hold Customer Data.

14. No warranties

The Service is provided "as is" and "as available". To the fullest extent the law allows, we and our providers make no warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, secure or free of errors; that locations, times, hours, overtime figures or AI readings will be accurate or complete; that information will not be lost; or that using the Service will make the Customer compliant with any law.

Some states do not allow some of these exclusions, so some of them may not apply to you.

15. Limits on our liability

15.1 To the fullest extent the law allows, we and our owners, officers, employees, contractors and providers (together, "our side") are not liable for: (a) any indirect, incidental, special, consequential, exemplary or punitive damages; (b) lost profits, revenue, business, goodwill or data; (c) wages, overtime, premiums, penalties, fines, taxes, interest or back pay that the Customer owes or is claimed to owe anyone; or (d) the cost of a substitute service. This applies however the loss was caused and under any legal theory, even if we were told the loss was possible.

15.2 To the fullest extent the law allows, the total liability of our side for all claims relating to the Service or these Terms is limited to the greater of (a) the amounts the Customer paid us for the Service in the 12 months before the event that first gave rise to liability, and (b) US100.ForaclaimaUserbringsontheUser′sownbehalf, thelimitisUS100.

15.3 These limits apply to every kind of claim, whether in contract, tort (including negligence), under a statute or otherwise. They apply even if a remedy does not achieve its purpose, and they are not increased because there is more than one claim. They do not limit liability that the law does not allow to be limited, such as liability for our fraud, willful misconduct or gross negligence. Some states do not allow some of these limits, so some of them may not apply to you.

15.4 Our prices reflect these limits. Without them the Service would cost more.

16. The Customer's indemnity

16.1 The Customer will defend us and our side against any claim, demand, suit or investigation brought by anyone else, including the Customer's workers, the Customer's clients and government agencies, and will pay the resulting damages, penalties, settlements and reasonable costs (including attorneys' fees), to the extent it arises from:

  • (a) Customer Data, or our handling of it as these Terms allow;
  • (b) the Customer's relationship with its workers and contractors, including claims about wages, hours, overtime, breaks, classification, discipline or termination, or about any decision the Customer made using the Service;
  • (c) the Customer's failure to give a notice or get a consent required for monitoring, location tracking, photos or personal information;
  • (d) use of the Service by the Customer or its Users in breach of these Terms or the law; or
  • (e) taxes the Customer owes.

16.2 This does not cover a claim to the extent it was caused by our own breach of these Terms or our willful misconduct.

16.3 We will tell the Customer about the claim promptly (a delay matters only to the extent it harms the defense), let the Customer control the defense with lawyers reasonably acceptable to us, and cooperate at the Customer's expense. The Customer may not settle a claim in a way that admits fault for us or commits us to anything without our written consent. We may join the defense with our own lawyers at our own cost. If the Customer does not take up the defense promptly, we may defend the claim and the Customer will pay our reasonable costs.

17. Disputes: binding individual arbitration

17.1 Summary. You and we agree to settle disputes by talking first, and then by binding arbitration before a neutral arbitrator, not in court before a judge or jury, one person or one company at a time. Arbitration is less formal than a lawsuit, an arbitrator can award the same individual relief a court could, and court review of an arbitrator's decision is limited.

17.2 Talk to us first. Before starting an arbitration or a small-claims case, the party with the complaint must send the other a written notice: to us by email at mike@samanaholdings.com and by mail at 5316 Lewis Road, Agoura Hills, California 91301; to you at the email address on your account. The notice must give the sender's name, the email address on the account, a description of the dispute and the relief wanted, and must be signed by the party personally. Each notice covers one person or one company. You and we will then try in good faith for 60 days after the notice is received to settle the dispute. Neither may start an arbitration before those 60 days end, and any time limit for bringing the claim is paused during them.

17.3 Agreement to arbitrate. You and we agree that any dispute, claim or controversy between you and us that arises out of or relates to the Service, these Terms, the Privacy Policy or our relationship (a "Dispute") will be resolved only by binding arbitration and not in court, except as Section 17.4 says. This includes Disputes that arose before you accepted these Terms and claims against anyone on our side.

17.4 Exceptions. (a) You or we may bring an individual claim in small-claims court, in the county where you live or in Los Angeles County, California, if it qualifies and stays there. (b) You or we may ask a court for a temporary restraining order, a preliminary injunction or another provisional remedy needed to protect a party's rights before or during an arbitration, as section 1281.8 of the California Code of Civil Procedure allows. Asking for one does not give up the right to arbitrate. (c) This Section does not cover disputes between a Customer and its own workers. We are not a party to those.

17.5 Rules. The Federal Arbitration Act governs how this Section 17 is interpreted and enforced. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are a User bringing a claim on your own behalf, and under its Commercial Arbitration Rules if you are a Customer, in each case as this Section changes them. The rules are at adr.org. There will be one neutral arbitrator, chosen under AAA's rules. If AAA cannot or will not administer the arbitration, you and we will agree on another administrator, or a court will appoint one.

17.6 Who decides what. The arbitrator decides every issue, including whether a Dispute can be arbitrated, except that only a court may decide whether Section 17.8 or Section 17.9 can be enforced and whether a party has done what Section 17.2 requires.

17.7 How it runs, and who pays.

  • (a) The hearing will be by video or telephone, or in person in the county where you live (for a Customer, the county of its main office) or at another place you and we agree. If you live in California, any in-person hearing will be in California. If the claim is for US$10,000 or less, the party bringing it may choose to have it decided on documents alone.
  • (b) The arbitrator must follow these Terms and the law, may order each side to give the other the information it reasonably needs to prove its claims and defenses, may award an individual party the same damages and relief that a court could (including an injunction for that party and any relief a statute provides), and will give a written decision with reasons. Judgment on the award may be entered in any court with jurisdiction.
  • (c) If you are a User bringing a claim on your own behalf, we will pay all AAA filing, administrative and arbitrator fees, except the part of the filing fee that AAA's rules assign to an individual. AAA can waive that part for a person who cannot afford it. If you are a Customer, AAA's Commercial Arbitration Rules decide who pays the fees.
  • (d) Any fee that AAA bills to a party is due 30 days after the date of AAA's invoice.
  • (e) Each side pays its own attorneys' fees and costs, unless a statute gives the winning side the right to recover them. A User who brings a claim on their own behalf will not be made to pay our fees or costs just because the User did not win.

17.8 No class or representative actions. You and we may bring Disputes against each other only individually. Neither may bring or take part in a class action, collective action, private attorney general action or any other representative proceeding, in arbitration or in court. The arbitrator may not combine more than one person's or company's claims (except as Section 17.9 allows) and may not award relief to or for anyone other than the individual party. If a court decides that this Section 17.8 cannot be enforced for a particular claim or request for relief, then that claim or request, and only it, will be separated and decided in court after everything else has been arbitrated. In particular, where California law gives you a right that cannot be waived to ask for public injunctive relief (relief whose main purpose is to protect the general public), you may ask a court for it, and that request will wait until your individual claims have been arbitrated.

17.9 Many similar claims at once. If 25 or more demands for arbitration of a similar kind are brought against us by or with the help of the same law firm or group of law firms, AAA's Mass Arbitration Supplementary Rules apply, and:

  • (a) the claimants' lawyers and we will each choose ten of the demands (twenty in all) to go ahead first, each before a different arbitrator. The others will wait, and neither side owes fees on them while they wait;
  • (b) the decisions in those twenty cases bind only the parties to them;
  • (c) once those twenty are decided, you and we will try to settle the rest in a mediation lasting up to 60 days, with us paying the mediator;
  • (d) any demands still unsettled may then all go ahead under AAA's rules. If the first twenty have not all been decided within 240 days after the last of them was filed, the others may go ahead without waiting any longer; and
  • (e) every time limit for a claim is paused from the date of its notice under Section 17.2 until its demand is allowed to go ahead.

If a court finds this Section 17.9 unenforceable for a claim, it does not apply to that claim, and the rest of this Section 17 still does.

17.10 Your right to opt out. You can opt out of this Section 17 by emailing mike@samanaholdings.com within 30 days after you first accept these Terms, giving your name, the email address on your account and a statement that you opt out of arbitration. A Customer's opt-out covers the Customer. A User's opt-out covers that User. If you opt out, Section 19 applies to your Disputes and the rest of these Terms stays in force.

17.11 Changes to this Section. If we change this Section 17 (other than our contact details), you may reject the change by emailing us within 30 days after we give notice of it. If you do, the version of this Section that you last accepted keeps applying to you. No change applies to a Dispute that arose, or that we had written notice of, before the change took effect.

17.12 If part of this Section fails. Except as Sections 17.8 and 17.9 say, if a court finds any part of this Section 17 unenforceable, the rest stays in effect. This Section continues after these Terms end.

17.13 No jury. If a Dispute goes to court for any reason, you and we each give up the right to a jury trial, to the extent the law allows.

18. One year to bring a claim

To the extent the law allows, any claim that relates to the Service or these Terms must be started within one year after the person bringing it first knew, or should have known, of the facts behind it. A claim is started by sending the notice Section 17.2 requires or, where a court case is allowed, by filing it. After that year the claim is barred. This Section applies to your claims and to ours. It does not apply to a claim under a law that does not allow its time limit to be shortened. If a court or an arbitrator finds that it cannot be enforced for a claim, the time limit the law sets applies to that claim and the rest of these Terms is unaffected.

19. Governing law and courts

The laws of the State of California govern these Terms and any Dispute, without regard to its rules on conflicts of law, except that the Federal Arbitration Act governs Section 17. Any Dispute that is not arbitrated, other than a small-claims case, will be heard only in the state or federal courts located in Los Angeles County, California, and you and we consent to those courts. If you are an individual and the law where you live gives you protections that a contract cannot take away, this Section does not take them away.

20. Changes to these Terms

We may change these Terms. We will post the new version with a new effective date. If a change is material, we will give at least 30 days' notice in the app or by email to the address on your account before it applies to you, and we may ask you to accept the new version in the app. A change applies only from its effective date, and never to a Dispute that we had written notice of before then. If you do not agree to a change, stop using the Service before it takes effect (and the Customer may cancel its plan). Using the Service after a change takes effect means you accept it. Section 17.11 has its own rule for changes to the arbitration terms.

21. App Store and Google Play

21.1 Apple. If you got the app from Apple's App Store, the following also applies. "Apple" means Apple Inc.

  • (a) Who the agreement is with. These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the app and its content. Nothing in these Terms is meant to conflict with the Usage Rules in the Apple Media Services Terms and Conditions. If anything does, those rules control for the app on Apple devices.
  • (b) Scope of the licence. The licence in Section 10.2 is a non-transferable licence to use the app on Apple-branded products that you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that the app may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.
  • (c) Maintenance and support. We are solely responsible for any maintenance and support of the app, as these Terms state or the law requires. Apple has no obligation to provide any.
  • (d) Warranty. We are solely responsible for any warranty on the app, to the extent it has not been validly disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the fullest extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty are our responsibility, subject to these Terms.
  • (e) Product claims. We, not Apple, are responsible for addressing any claim by you or anyone else relating to the app or to your possession or use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. These Terms limit our liability to you to the extent the law allows.
  • (f) Intellectual property. If anyone claims that the app, or your possession and use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
  • (g) Legal compliance. You confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
  • (h) Our name and address. Questions, complaints and claims about the app go to the contact details in Section 23.
  • (i) Other companies' terms. You must comply with any third-party terms that apply when you use the app, such as your agreement with your mobile carrier.
  • (j) Apple's rights. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

21.2 Google Play. If you got the app from Google Play, these Terms are between you and us only. Google is not responsible for the app or its content. Your use of Google Play itself comes under Google Play's own terms, and where those conflict with these Terms about your use of Google Play, Google Play's terms control.

22. General terms

22.1 Notices. We may give notices in the app, by email to the address on your account, or by posting on our website. A notice to an admin is a notice to the Customer. Keep the email address on your account current. Legal notices to us must be sent both by email to mike@samanaholdings.com and by mail to the address in Section 23.

22.2 Electronic communications. You agree that we may give you agreements, notices and other communications electronically, and that they count as being in writing.

22.3 Export and sanctions. You may not use or export the Service in breach of United States export or sanctions laws. You confirm what Section 21.1(g) says, wherever you got the app.

22.4 Transfers. You may not transfer these Terms or your rights under them without our written consent. We may transfer them to an affiliate, or to a successor in a merger, acquisition or sale of our business or assets.

22.5 Events outside our control. We are not liable for a failure or delay caused by something beyond our reasonable control, including failures of the internet, mobile networks, app stores, or the providers described in Section 11.

22.6 Relationship. You and we are independent parties. Nothing in these Terms creates a partnership, an agency or an employment relationship. Only you and we have rights under these Terms, except that the people and companies on our side may rely on Sections 14 to 18, and Apple may rely on Section 21.1.

22.7 If part of these Terms fails. If a court or arbitrator finds part of these Terms unenforceable, that part will be enforced as far as the law allows and the rest stays in effect. If we do not enforce a term, we have not given it up.

22.8 Entire agreement. These Terms, the plan terms shown at purchase, and any signed agreement under Section 1.7 are the whole agreement between you and us about the Service. They replace earlier versions and anything else said or written about it.

22.9 Language. We may provide these Terms in other languages. To the extent the law allows, the English version controls if they differ.

22.10 Reading these Terms. Headings are for convenience only. "Including" means "including, without limit".

23. Contact

Samana Holdings LLC

5316 Lewis Road, Agoura Hills, California 91301

Email: mike@samanaholdings.com