Effective Date: December 15, 2020
This Application is being provided to you during your employment with Employer. The Application is customized and operated by Company on behalf of Employer. By clicking or entering “Agree” or “Accept”, you agree to the terms and conditions. If you do not agree, do not click or enter “Agree” or “Accept”. If you are receiving this message by SMS, type “ACCEPT” to accept the terms and conditions.
To Use Our Application, You:
If You Post Content On the Application, You:
I. DESCRIPTION OF APPLICATIONS
Any reference to “mobile app”, “mobile applications”, “mobile solution”, or other similar references, shall include any and all pages, websites, subdomains, applications (or apps), affiliates domains, links, SMS links, tabs, websites, referenced documents, brands, products, and other areas of the mobile app, or any affiliated mobile applications, domains, websites, links, or referenced documents provided, owned, licensed, controlled, or operated by or on behalf of us, plus any content, information and services made available in or through the mobile application (“Mobile App”). By using or receiving any services, Mobile Apps, or other applications, products, services, software or information supplied to you by the Company in connection with the Mobile App (collectively, the “Application”), including without limitation by downloading, installing or using any associated software or apps supplied by the Company which purpose is to enable you to use the Application (collectively, the “Software”) or by accepting communications from us or the Software via SMS , you agree to the terms of this Agreement. The Application include without limitation all aspects of the MobileApp, or any app or other product or service, including but not limited to all products, Software and other software, applications, features, channels and services offered therein. Any reference to “content” shall include all content in all forms or mediums, such as (without limitation) text, software, scripts, graphics, data, photos, sounds, music, videos, audiovisual combinations, functionalities, interactive features and other materials you may view on, access through, or contribute to the Application. You must be of legal age for contractual consent or older to use this Application or to agree to receive communications via SMS from us or the Software. All information and services are exchanged electronically, via the internet. You are responsible for maintaining your own access to the internet. You consent to receiving communications electronically, including via SMS, from us, your Employer or other employees of your Employer. Company is a privately owned and operated service and does not represent or speak for any governmental office or authority. Company is providing the Application on behalf of Employer to assist with managing the time management, scheduling, communications, and payroll aspects of your employment. As a result, you will be expected to frequently interact with the Application, including by inputting data, making changes to information, receiving and transmitting information via SMS from us, your Employer and from other employees of Employer, and establishing certain settings and updating software available through your device for optimizing the features and functionalities of the Application.
II. PASSWORDS AND ACCESS
In order to access some features of the Application, you may have to register or create an account and you may be required to provide your affirmative consent to receive and transmit messages via the Software and/or via SMS, from us, your Employer and other employees of Employer. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Application and payment of any applicable fee, authorizes a single individual to use the Application unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You will not permit any other person to access the Application through your account unless expressly authorized by Company in each instance. You acknowledge and agree that doing so could jeopardize your own information and lead to fraud. If you disclose your credentialed information to a third party, you are solely responsible for all risks and losses associated with such disclosure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use. We may, in our discretion, change the require parameters for the username and password use to access the Application. In such event, you agree to change your credentials in accordance with such parameters.
You may not grant, resell, or sublicense access to the Application, or any of the rights granted to you herein, to any third party. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Application. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Application is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code. You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Application or learned by you from your use of or access to the Application. You agree not to use the Application to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
You shall not download any content unless you see a “download” or similar link displayed by Company on the Application for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Company or the respective licensors of the content. Company and its licensors reserve all rights not expressly granted in and to the Application and the content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content or enforce limitations on use of the Application or the content therein.
Notwithstanding the foregoing, you may disclose your account username to Company help desk professionals for support services.
Upon termination by Employer of your termination therewith, Employer has the right, but not the obligations to grant you view-only access to the Application for up to thirty (30) days following such termination.
III. YOUR OBLIGATIONS
You represent and warrant that all information that you provide to us and your Employer will be true, accurate, complete and current, and that you have the right to provide such information to us and your Employer in connection with your use of the Application.
You may not:
Company has no obligation to monitor the Application. However, you acknowledge and agree that Company has the right to monitor the Application electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Application properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
While this Section highlights some of your key obligations, headers and section titles are for convenience only, and you are bound by all the terms of this Agreement.
IV. LICENSED MATERIALS
Company and/or Employer may use or disclose, or permit other third-party service providers to use or disclose, Personally Identifiable Information and other information submitted by you through the Application to process transactions on behalf of the Employer, as necessary to operate the Application, to permit the Company to perform analytics and statistical analysis on such information on an anonymized basis for the benefit of Employer, other users of the Application and to improve the Application.
V. WARRANTIES AND LIMITATIONS OF WARRANTIES.
THE APPLICATION AND ALL INFORMATION,CONTENT, AND MATERIALS RELATED TO THE APPLICATION, ARE PROVIDED “ASIS.” EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, COMPANY AND YOUR EMPLOYER DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. COMPANY AND YOUR EMPLOYER DO NOT WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, COMPANY AND EMPLOYER DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO ORFROM THE APPLICATION AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE APPLICATION.
VI. LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL COMPANY, EMPLOYER, OROUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION,INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE APPLICATION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOUFOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE APPLICATION,EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OFTHE APPLICATION TO YOU AND WE WOULD NOT PROVIDE THE APPLICATION TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES,DAMAGES, LIABILITIES, PENALTIES, FINES, INTEREST, AWARDS, JUDGMENTS,SETTLEMENTS, COSTS, AND JUDGMENTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS OF LITIGATION, INCURRED BY US TOGETHER WITH ANY ANDALL CLAIMS, CAUSES OF ACTION, DEMANDS, ADMINISTRATIVE ACTIONS, PROCEEDINGS, AND INVESTIGATIONS RESULTING FROM OR RELATING TO (1) ANY VIOLATION BY YOU OF THIS AGREEMENT; (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE APPLICATION WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE APPLICATIONS; (4) YOUR VIOLATION OF ANY THRID PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; AND/OR (5) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE APPLICATION.
VII. DURATION OF TERMS
Once in effect, this Agreement will remain in effect until you cease using the Application. However, even after termination, the provisions of sections III through XII of this Agreement will remain in effect. We may terminate this Agreement without notice or, at our option, temporarily suspend your access to the Application for any or no reason. After termination of this Agreement for any reason, you understand and acknowledge that Company will have no further obligation to provide the Application or access thereto. Upon termination, all licenses and other rights granted to you by this Agreement, if any, will immediately cease, but your licenses to us shall survive, and certain of your obligations (including payment obligations, if any) will survive in accordance with the terms hereof.
VIII. MODIFICATION OF TERMS
Company may change the terms of this Agreement from time to time. You will be prompted to agree to such changes on the Application. Any such changes will become effective if you agree thereto and continue to use the Application after such changes are made. If you object to any such changes, your sole recourse will be to terminate this Agreement by ceasing to use the Application.
IX. MODIFICATIONS TO APPLICATIONS
We reserve the right to modify or discontinue the Application at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. Rewards, if any, are arbitrary and maybe based on amount of use or other metrics as we determine in our sole discretion. In the event of such modification or discontinuation of the Application, your sole remedy shall be to terminate this Agreement as set forth herein. Continued use of the Application following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Application as so modified.
We and/or our vendors, licensors, and suppliers, as applicable, retain all right, title and interest in and to the Application. Except for the use of publicly available forms and information which you obtain from sources other than us, you agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.
Unless otherwise stated, all content in our websites or other Application, is our property or the property of third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
XI. INTERNATIONAL USERS
The Application is controlled, operated and administered by us from within the United States. Company makes no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this Agreement. Access to this Application is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on the Application in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Application.
XII. THIRD PARTY PARTNERS
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
Links to Other Websites, Apps and Application
Our websites and other Application may contain links to other third-party websites, apps and services of interest. However, once you have used these links to leave our site, you should note that we do not have any control over such third-party services. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and services, and they are not governed by this privacy statement. You should exercise caution and look at the privacy statement(s) applicable to the third-party sites and services in question.
Collection of Your Information
We collect or receive information from you. Depending on how you use our Application and whether you have agreed to communicate via SMS, your information may include:
Your information may be supplemented with additional information from other companies such as publicly available information, information about households, and other information that we may append or match to your information.
We may also receive or collect certain technical information when you use our Application. This may include: your browser or operating system, your manner of connecting to the Internet and the name of your Internet service provider or wireless carrier; your Internet protocol (IP)address; time from “punching” in and out of clocks; activities and interactions with administrators and other representatives of your Employer; information about referring websites or services (websites you used immediately prior to using our websites or other Application; exiting websites or services(immediately after using our website or other Application); and data relating to malfunctions or problems occurring when you use our Application. Additionally, we may collect information about other software on your device for the limited purpose of protecting your security or improving your online experience.
We do not currently honor “Do Not Track” requests
How Your Information may be used
Your information may be used for purposes that include:
Sharing of your Information
The contents of your online communications and communications via SMS, as well as other information about you as a user of our Application, may be accessed and disclosed under the following circumstances: in response to lawful governmental requests or legal process (for example, a court order, search warrant or subpoena), in other circumstances in which we have a good faith belief that a crime has been or is being committed by a user of our Application, that an emergency exists that poses a threat to the safety of you or another person, when necessary either to protect our rights or property, or for us to render the service you have requested. We may disclose or provide access to your information to your employer or authorized personnel, such as managers, supervisors, and administrators. We may also disclose or provide access your information to other employees, as prompted or directed by you in connection with your use of the features, functionalities, settings, and prompts available in the Application.
Business partners or other third parties of ours or your employer may receive your data for the provision of services related to the Application, coordinated by us, or services ordered or coordinated by your employer. We may use agents and contractors in order to help operate our Application. Their use of information is limited to these purposes, except as otherwise permitted herein.
In the event that ownership of us was to change as a result of a merger, acquisition, or transfer to another company, your information may be transferred. If such a transfer results in a material change in the use of your information, you will be provided notice (which maybe via updates to this page) about the choices you have to decline to permit such a transfer.
Our Commitment to Security
How to Contact Us