Terms of Service

These Terms of Service (“Terms”) are an agreement between you and PrevailComply (“PrevailComply,” “we,” “us”), and they govern your use of PrevailComply (the “Service”). By creating an account or using the Service, you represent that you are at least 18 years old and are using the Service for business purposes, and you agree to these Terms. If you do not agree, do not use the Service.

What PrevailComply does

PrevailComply helps contractors prepare, and where supported electronically file, certified payroll reports (such as the federal WH-347 and state forms) for government-funded construction projects. It works alongside your existing payroll system — it is not payroll software and does not pay wages or calculate taxes.

PrevailComply is a software tool. It does not provide legal, accounting, or compliance advice, and using it does not create any professional or advisory relationship.

Your responsibilities

• Accuracy of your data. You are responsible for the accuracy and completeness of the information you enter — wages, hours, classifications, wage determinations, deductions, and worker details.
• Review before you file. You are responsible for reviewing every report before submitting it to a government agency, and for confirming that the prevailing wage rates and classifications used are correct and current for your project. Wage determination data may change and should be verified against the official source.
• Your legal obligations. Meeting your certified payroll, prevailing wage, and recordkeeping obligations remains your responsibility as the contractor.
• Your account. Keep your credentials secure and provide accurate account information. You are responsible for activity under your account.

Acceptable use

You agree not to misuse the Service — including attempting to access other customers’ data, interfering with or disrupting the Service, reverse-engineering it, or using it for any unlawful purpose. You may only submit worker data that you are authorized to process for payroll and compliance purposes.

Third-party services

The Service works alongside, and may exchange data with, third-party systems you choose to use — including your payroll provider, and the government agency portals to which certified payroll is filed (for example, the California DIR eCPR system). We do not control those systems, are not responsible for their availability, accuracy, or acceptance of a filing, and your use of them is subject to their own terms. A government agency’s acceptance or rejection of any filing is outside our control.

Fees, billing, and cancellation

Paid plans are billed in advance on a recurring subscription basis (monthly unless stated otherwise at sign-up) at the pricing presented when you subscribe. Billing is handled by our third-party payment processor; by subscribing you authorize us and that processor to charge your payment method for the applicable fees.

• Automatic renewal. Your subscription renews automatically at the end of each billing period at the then-current price until you cancel. We will disclose the renewal terms at sign-up as required by law.
• Cancellation. You may cancel at any time from your account settings or by emailing contact@prevailcomply.com. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. If you are not satisfied, you may request a full refund within 30 days of your initial paid subscription purchase by emailing contact@prevailcomply.com. After that 30-day window, and for all subsequent renewal charges, fees already paid are non-refundable, including for partial billing periods, except where a refund is required by law.
• Price changes. We may change fees on a going-forward basis; we will give you notice before a change takes effect, and the new price applies at your next renewal.
• Taxes. Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes.
• Failed payment. If a charge fails, we may retry it and may suspend or downgrade paid features until payment is resolved.

Intellectual property

The Service, including its software and content, belongs to PrevailComply. The data you enter remains yours; you grant us the limited right to process it in order to provide the Service to you.

Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that reports generated by the Service will be error-free or that they will satisfy the requirements of any particular agency, and we do not guarantee the accuracy or currency of any wage determination data.

Limitation of liability

To the fullest extent permitted by law, PrevailComply will not be liable for any indirect, incidental, consequential, or special damages, or for any fines, penalties, or lost profits, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the claim arose.

Indemnification

You agree to indemnify and hold PrevailComply harmless from claims arising out of your data, your use of the Service, or your violation of these Terms or of applicable law.

Termination

You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms or to protect the Service. Provisions that by their nature should survive termination will survive.

Dispute resolution

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration. Either party may still bring an individual claim in small-claims court if it qualifies. You and PrevailComply each waive any right to a jury trial and any right to participate in a class, collective, or representative action.

You may opt out of this arbitration agreement by emailing contact@prevailcomply.com within 30 days of first accepting these Terms; if you opt out, disputes will instead be resolved in the courts identified in “Governing law” above.

General

• Entire agreement. These Terms, together with any pricing and policies referenced here (including our Privacy Policy), are the entire agreement between you and us regarding the Service and supersede any prior agreements on the subject.
• Severability. If any provision is found unenforceable, the rest of these Terms remain in effect and the unenforceable provision will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms here and revise the effective date above. Continued use of the Service after a change means you accept the updated Terms.

Contact us

Questions about these Terms? Email contact@prevailcomply.com.