These Terms of Service ("Terms") are a binding agreement between you and Wicked Good Restaurants, LLC ("PAGAProtector," "we," "us," or "our") governing your access to and use of the PAGAProtector website, dashboard, and related services (collectively, the "Service"). By creating an account, starting a free trial, or using the Service, you agree to these Terms, our Privacy Policy, and our Disclaimer & Limitation of Liability, each incorporated here by reference. If you do not agree, do not use the Service.
PAGAProtector is a software tool that helps California restaurants and other employers collect, store, and export employee attestations about labor-compliance matters (such as meal and rest breaks, clock accuracy, and related topics), and, for customers who enable optional add-ons, related workforce tools such as tip-out calculation and payout and new-hire document packets.
The Service is a documentation and record-keeping tool only. It is not a law firm, does not provide legal advice, and does not guarantee compliance with, or protection from claims under, the California Labor Code, the Private Attorneys General Act (PAGA), or any other law. See our Disclaimer for the full statement, which controls on these points.
New accounts include a 14-day free trial. No credit card is required to start. If you do not add a payment method and subscribe before the trial ends, your access to submit and collect new attestations will be paused until you subscribe. Your existing records remain subject to Section 8 and the Privacy Policy.
You may cancel at any time from your dashboard or by contacting us. Cancellation stops future renewals; your subscription remains active through the end of the current paid billing period. Except where required by law, fees already paid are non-refundable, and we do not provide prorated refunds for partial billing periods.
We may change prices, plan features, or add-on fees. For existing subscribers, we will provide advance notice by email before a change takes effect, and the change will apply at your next renewal. If you do not agree to a price change, you may cancel before it takes effect. We may, at our discretion, keep existing customers at their original pricing.
If you enable the tip-out payout add-on, payouts to your employees are processed through Stripe Connect. You are solely responsible for the accuracy of the hours, sales, tip amounts, pay rates, and tip-pooling rules you configure, and for the lawfulness of your tip-pooling and payout practices. Certain payout options (such as instant payouts) may carry processor fees, which, where applicable, are disclosed at the time and borne by the party electing that option. PAGAProtector does not provide tax, payroll, or wage-and-hour advice.
As between you and us, you own the data you and your employees submit ("Customer Data"), including attestation records, signatures, and employee information. You are the controller of that data; we process it on your behalf to provide the Service, as described in our Privacy Policy.
You represent and warrant that you have all rights, authority, and legally required notices or consents to collect and submit Customer Data through the Service — including your employees' names, identifiers, signatures, and attestation responses — and that your use of the Service complies with all applicable laws. You are responsible for the accuracy of Customer Data.
You agree not to:
The Service integrates with third-party providers, including Stripe (payments and payouts), Square (point-of-sale data, if you connect it), and SignWell (e-signatures, where used). Your use of those integrations is also subject to the respective provider's terms. We are not responsible for third-party services, and connecting them is at your discretion.
We and our licensors own all rights in the Service, including its software, design, and content, excluding your Customer Data. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. You retain all rights in your Customer Data and grant us the limited right to host, process, and transmit it to operate and improve the Service.
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, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that it will prevent, defend, or reduce liability for any labor claim, PAGA action, penalty, or dispute. Our full Disclaimer & Limitation of Liability is incorporated into these Terms and controls.
TO THE FULLEST EXTENT PERMITTED BY LAW, PAGAProtector AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LEGAL FEES, SETTLEMENTS, OR JUDGMENTS, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to defend, indemnify, and hold harmless PAGAProtector and its owners, officers, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Data, your use of the Service, your employment practices, or your breach of these Terms or of applicable law.
You may stop using the Service and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service unlawfully, or if we discontinue the Service. On termination, your right to use the Service ends; data handling after termination is described in our Privacy Policy. Sections that by their nature should survive (including Sections 8, 11–14, and 16) survive termination.
Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.
Informal resolution first. Before starting an arbitration or lawsuit, you agree to first contact us at info@pagaprotector.com and attempt in good faith to resolve the dispute informally for at least 30 days.
Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will take place in California or, at the parties' agreement, by videoconference. Judgment on the award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.
Class-action waiver; individual basis only. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. You and we each waive any right to a jury trial.
Carve-outs. Either party may (a) bring an individual claim in a small-claims court of competent jurisdiction, and (b) seek injunctive or other equitable relief in the state or federal courts located in California to protect its intellectual property or confidential information. For any dispute not subject to arbitration, the parties consent to the exclusive venue and jurisdiction of the state and federal courts located in California.
30-day right to opt out. You may opt out of the arbitration and class-action-waiver provisions of this Section by emailing info@pagaprotector.com with your account name and a statement that you opt out, within 30 days of the date you first accept these Terms. If you opt out, disputes will be resolved in the California courts as described above. Opting out of arbitration does not affect any other part of these Terms.
Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than in arbitration; the remainder of this Section stays in effect.
We may update these Terms from time to time. We will update the effective date above and, for material changes, notify account holders by email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms: