Terms and Conditions

1 Acceptance of Terms

By creating an account, accessing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

You must be at least 18 years of age and have the legal capacity to enter into binding contracts in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet these requirements.

2 Definitions

For the purposes of these Terms, the following definitions apply:

• "Account" means the unique profile created by a Customer to access and use the Services.
• "Administrator" means a User designated by the Customer with elevated access rights to manage the organization's account, employees, and settings.
• "Customer Data" means all data, information, and content submitted, uploaded, or created by the Customer or its Users through the Services, including employee records, attendance data, and payroll information.
• "Employee User" means an individual employee of a Customer who is granted access to specific features of the platform such as clocking in/out or viewing their own records.
• "Subscription" means the paid or free-trial plan selected by a Customer to access the Services.
• "Platform" means the Staff Timing web application, mobile applications, APIs, and all associated software and infrastructure.
• "Confidential Information" means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.

3 Account Registration & Security

Registration Requirements

To access our Services, you must register and create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. Providing false or misleading information is grounds for immediate account termination.

Account Security

• You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password.
• You must not share your credentials with any unauthorized third parties or allow unauthorized access to your account.
• You are responsible for all activity that occurs under your account, whether or not you authorized such activity.
• You must notify us immediately at info@stafftiming.com if you suspect any unauthorized access to your account or breach of security.
• We reserve the right to disable any account if we believe your credentials have been compromised or if your account is being used in violation of these Terms.

Administrator Responsibilities

If you are an Administrator, you are responsible for managing access permissions for all Users within your organization, ensuring that Employee Users only have access to the data and features appropriate to their role, and ensuring that your organization's use of the Services complies with these Terms and all applicable laws, including employment and data protection laws.

4 Subscription Plans & Billing

Subscription Plans

We offer several subscription tiers as described on our Pricing page. Features, usage limits, and pricing may vary by plan. We reserve the right to modify plan features and pricing with reasonable notice.

Free Trial

We offer a 30-day free trial for new customers. No credit card is required to begin a trial. At the end of the trial period, you must select a paid plan to continue using the Services. If you do not upgrade, your account will be downgraded or suspended and your data will be retained for 30 days before deletion.

Billing & Payment

• Paid subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase.
• All fees are non-refundable except as expressly set forth in these Terms or required by applicable law.
• You authorize us to charge your designated payment method for all applicable fees on the billing date.
• If your payment fails, we will notify you and provide a grace period of 7 days to update your payment information before service interruption.
• All prices are exclusive of applicable taxes. You are responsible for paying any taxes, levies, or duties imposed by tax authorities.

Upgrades & Downgrades

You may upgrade your subscription at any time; the new rate will be prorated and charged immediately. Downgrades take effect at the start of the next billing cycle. If you downgrade, you may lose access to features or data that exceed the limits of your new plan.

Cancellation & Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial billing periods, except where required by law or at our sole discretion in cases of documented technical failures attributable to us.

5 Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not use the Services:

• In any way that violates any applicable local, national, or international law or regulation, including employment law, data protection law, or anti-discrimination law
• To transmit, upload, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• To impersonate any person or entity, or falsely represent your affiliation with any person or entity
• To interfere with, disrupt, or damage the integrity or performance of the Services or the data of any other user
• To attempt to gain unauthorized access to any part of the Services, other accounts, or any connected systems
• To use automated means (bots, scrapers, crawlers) to access, collect, or extract data from the Services without our express written permission
• To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
• To resell, sublicense, or commercially exploit any part of the Services without our express written authorization
• To use the Services in any manner that could harm, disable, overburden, or impair our servers or networks

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including suspending or terminating the account of such users.

6 Intellectual Property Rights

Our Intellectual Property

The Services and their original content, features, functionality, software, design, trademarks, logos, and all associated intellectual property are and will remain the exclusive property of Staff Timing and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

License to Use

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription period. This license does not include the right to sublicense, modify, copy, create derivative works, or distribute any part of the Services.

Your Content & Data

You retain full ownership of all Customer Data you submit to the Services. By using the Services, you grant us a limited, non-exclusive, worldwide license to host, process, display, and use your Customer Data solely to provide and improve the Services. We do not claim any ownership rights over your data.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without any obligation to you.

7 Data, Privacy & Confidentiality

Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

Data Processing

For customers subject to the General Data Protection Regulation (GDPR) or similar data protection laws, we act as a "data processor" with respect to the personal data of your employees that you input into our platform. You, as the Customer, are the "data controller" and are responsible for ensuring you have a lawful basis for processing your employees' personal data through our Services and for obtaining any necessary consents.

Confidentiality

Each party agrees to hold the other's Confidential Information in strict confidence and not to disclose such information to any third party without prior written consent, except as required by law. Each party agrees to use the other's Confidential Information only for purposes of fulfilling its obligations under these Terms. This obligation survives termination of these Terms for a period of five (5) years.

Employee Data Responsibility

You are solely responsible for ensuring that your collection, processing, and storage of employee data through our platform complies with all applicable employment laws, privacy laws, and regulations in your jurisdiction. You represent and warrant that you have obtained all necessary consents and authorizations from your employees to process their data using our Services.

8 Service Availability & Support

Uptime & Availability

We strive to maintain high service availability and target 99.5% uptime for our platform, excluding scheduled maintenance windows. However, we do not guarantee uninterrupted, error-free access to the Services. We are not liable for any losses or damages arising from service interruptions, outages, or performance degradation.

Scheduled Maintenance

We may perform scheduled maintenance that temporarily limits access to the Services. We will provide advance notice of planned maintenance through in-app notifications or email where reasonably practicable. Emergency maintenance may occur without advance notice.

Customer Support

• Starter Plan: Email support with response times within 2 business days
• Professional Plan: Priority email support with response times within 1 business day
• Enterprise Plan: 24/7 dedicated support with a dedicated account manager

Modifications to the Service

We reserve the right to modify, update, suspend, or discontinue any feature or aspect of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, provided we give you adequate notice to export your data.

9 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES
• WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS

The payroll calculations, overtime computations, and other financial outputs provided by our tools are for informational and reference purposes only. They do not constitute legal, tax, or financial advice. You are solely responsible for verifying calculations and ensuring compliance with applicable labor and tax laws in your jurisdiction. We recommend consulting qualified legal or financial professionals for compliance guidance.

10 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAFF TIMING, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Damages arising from unauthorized access to or alteration of your data
• Damages arising from any interruption or cessation of the Services
• Any matter beyond our reasonable control

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

11 Indemnification

You agree to indemnify, defend, and hold harmless Staff Timing and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your Customer Data, including any claim that your data infringes the intellectual property or privacy rights of any third party
• Your use of the Services in a manner not authorized by these Terms
• Your failure to comply with applicable employment, data protection, or labor laws in connection with your use of the Services
• Any dispute between you and your employees regarding the use of our platform or the data contained therein

12 Termination

Termination by You

You may terminate your account and subscription at any time by contacting us at info@stafftiming.com or through your account settings. Termination takes effect at the end of your current billing cycle, and you will retain access to the Services until that date.

Termination by Us

We reserve the right to suspend or terminate your account and access to the Services immediately, without prior notice or liability, if:

• You breach any provision of these Terms and fail to remedy the breach within 14 days of written notice
• You engage in conduct that we reasonably believe is fraudulent, harmful, or illegal
• You fail to pay applicable fees after reasonable notice and a grace period
• Continuing to provide the Services to you would expose us to legal liability or regulatory risk
• You create multiple free accounts to avoid paying for a subscription

Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. We will retain your Customer Data for 30 days after termination, during which time you may request an export of your data by contacting us. After this period, your data will be permanently deleted from our systems, except where retention is required by law. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13 Governing Law & Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. For customers located in the European Union or United Kingdom, mandatory consumer protection laws of your country of residence may also apply.

Informal Resolution

Before filing any formal legal claim, you agree to first contact us at info@stafftiming.com and attempt to resolve the dispute informally. We will work in good faith to resolve any concerns within 30 days of receipt of your written notice describing the dispute in sufficient detail.

Dispute Resolution

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or in connection with these Terms, including questions regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration, except where prohibited by law. You and Staff Timing waive any right to a jury trial or to participate in a class action lawsuit.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

14 Changes to These Terms

We reserve the right to modify or replace these Terms at any time. The nature of our changes determines how we notify you:

• Minor changes (e.g., typo corrections, clarifications): We will update the "Last updated" date. Your continued use constitutes acceptance.
• Material changes (e.g., changes to pricing, liability, or core rights): We will provide at least 30 days' notice via email and in-app notification before the changes take effect.
• Changes required by law: May take effect immediately, with notice provided as soon as practicable.

If you do not agree with revised Terms, you may terminate your account before the effective date of the changes. Your continued use of the Services after the effective date of any revision constitutes your acceptance of the new Terms.

We encourage you to review these Terms periodically. The most current version will always be available at stafftiming.com/terms.

15 General Provisions & Contact

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you may have entered into with us, constitute the entire agreement between you and Staff Timing regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver of any right in one instance does not constitute a waiver in any subsequent instance.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, or sale of substantially all of our assets.

Force Majeure

Neither party will be liable for any delay or failure in performance to the extent caused by circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, cyberattacks, pandemics, or other force majeure events.

Contact Us

If you have any questions about these Terms, please contact us: