Terms of Service

Last Updated: December 20, 2024

Welcome to JobTimey. These Terms of Service ("Terms") govern your access to and use of JobTimey's mobile application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Please read these Terms carefully before using JobTimey. If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

In these Terms, the following definitions apply:

• "Service" means the JobTimey mobile application, web application, website, and all related services and features.
• "Customer" means the organization or individual who creates an account and subscribes to the Service.
• "User" means any individual who accesses or uses the Service, including employees or contractors invited by a Customer.
• "Organization" means a business, company, or entity that uses the Service to manage its workforce.
• "Customer Data" means all data, including time entries, location data, and other information, submitted to the Service by or on behalf of a Customer or User.
• "Administrator" means a User with administrative privileges within an Organization's account.

2. Account Registration

Eligibility

You must be at least 18 years old to create an account or use the Service. By registering, you represent that you meet this age requirement.

Account Information

When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the accuracy of this information and for all activity that occurs under your account.

Account Security

You are responsible for safeguarding your password and for any activities or actions under your account. You must notify us immediately if you suspect any unauthorized access to your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

Account Sharing

Account credentials are for your personal use only and may not be shared with others. Each User must have their own account. Sharing accounts may result in account termination.

3. Service Description

JobTimey provides a GPS-powered time tracking solution for field service teams. The Service includes:

• Time Tracking: Clock-in and clock-out functionality with optional GPS verification
• Geofencing: Automatic time tracking based on arrival and departure from designated job sites
• Location Tracking: GPS-based location verification during work hours
• Reporting: Timesheet reports, attendance records, and analytics
• Team Management: User invitations, role assignments, and organizational hierarchy
• Job Site Management: Define and manage work locations with geofence boundaries

We reserve the right to modify, update, or discontinue any feature of the Service at any time, with or without notice.

4. Organization & User Roles

Administrator Responsibilities

Organization Administrators are responsible for:

• Managing User access and permissions within their Organization
• Ensuring all invited Users understand and comply with these Terms
• Configuring location tracking and geofencing settings appropriately
• Informing employees about GPS tracking and obtaining any required consents under applicable law
• Maintaining accurate billing information and managing subscription payments

User Authorization

By inviting Users to your Organization, you authorize them to access and use the Service in accordance with the permissions you grant. You remain responsible for their compliance with these Terms.

Data Ownership by Organization

Work-related data generated by Users (including time entries, attendance records, and location data captured during work hours) is owned by the Organization, not individual Users. See Section 8 for more details.

5. GPS & Location Tracking

What We Track

When location services are enabled, the Service may collect:

• GPS coordinates at clock-in and clock-out times
• Location data when entering or exiting geofenced job sites
• Movement data during active work sessions (if configured by your Organization)
• Device motion and activity data for battery optimization

Organization's Responsibility

If you are an Organization using JobTimey:

• You must inform your employees that GPS tracking will occur when they use the Service
• You are responsible for obtaining any legally required consent from employees
• You must comply with all applicable labor, privacy, and data protection laws regarding employee monitoring
• You acknowledge that location data is collected for legitimate business purposes including attendance verification and job costing

User Acknowledgment

By using the Service, Users acknowledge that their location may be tracked during work hours and that this data will be accessible to their Organization's administrators.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to reverse engineer, decompile, or disassemble the Service or its underlying software
• Copy, modify, or create derivative works based on the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service to transmit malicious code, viruses, or harmful data
• Falsify time entries, location data, or other information
• Share, sell, or sublicense your access to the Service
• Use the Service to build a competitive product or service
• Harvest or collect information about other Users without authorization
• Impersonate another person or misrepresent your identity

Violation of these restrictions may result in immediate termination of your access to the Service.

7. Payment Terms

Pricing Plans

JobTimey offers various pricing plans, including a free tier with limited features. Current pricing is available on our website at jobtimey.com/pricing. Prices are subject to change with reasonable notice.

Billing

Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize us to charge your payment method for all applicable fees.

Refunds

Fees are generally non-refundable. We do not provide refunds for partial months of service, unused time, or plan downgrades. Exceptions may be made at our sole discretion in cases of Service unavailability caused by us.

Late Payments

If payment is not received when due, we may suspend or terminate your access to paid features. Overdue amounts may be subject to late fees as permitted by applicable law.

Taxes

All fees are exclusive of taxes. You are responsible for any applicable sales, use, VAT, or other taxes associated with your use of the Service.

8. Data Ownership & Privacy

Your Data

As between you and JobTimey, you retain ownership of all Customer Data you submit to the Service. We do not claim ownership of your data.

Organization-Owned Data

When Users generate work-related data (time entries, attendance records, location logs) as part of their employment, this data is owned by the Organization, not the individual User. Organizations may retain this data even after a User leaves or deletes their account.

Our Use of Data

We may use aggregated, anonymized data that does not identify you or your Organization for purposes such as improving the Service, generating industry benchmarks, and conducting research.

Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Intellectual Property

Our Ownership

JobTimey and its licensors own all rights, title, and interest in and to the Service, including all software, technology, designs, trademarks, and content. These Terms do not grant you any ownership rights in the Service.

Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a royalty-free, worldwide, perpetual, irrevocable license to use, modify, and incorporate such feedback into the Service without any obligation to you.

10. Third-Party Services

The Service integrates with third-party services, including:

• Google Maps Platform: For maps, geocoding, and location services. Subject to Google's Privacy Policy.
• Sentry: For error tracking and performance monitoring. Subject to Sentry's Privacy Policy.
• Payment Processors: For subscription billing. Subject to their respective terms and privacy policies.

We are not responsible for the practices of third-party services. Your use of third-party services is at your own risk and subject to their terms.

11. Disclaimers

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the Service
• Warranties that the Service will meet your specific requirements

GPS and location accuracy depend on many factors including device capabilities, network conditions, and environmental factors. We do not guarantee the accuracy of location data.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Service.

Our total liability for any claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

These limitations apply regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless JobTimey and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including privacy or intellectual property rights
• Any Customer Data you submit to the Service
• Your failure to obtain required consents for employee location tracking

14. Termination

Termination by You

You may terminate your account at any time through your account settings or by contacting us at support@jobtimey.com. Termination does not entitle you to a refund of any pre-paid fees.

Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause or notice. Reasons for termination may include violation of these Terms, non-payment, or conduct that we determine to be harmful to other Users or the Service.

Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• You have 30 days to export your data by contacting us
• After the 30-day period, we may delete your data without further notice
• Provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnification) will remain in effect

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Missouri, and you consent to the personal jurisdiction of such courts.

16. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will:

• Post the updated Terms on this page
• Update the "Last Updated" date at the top
• Notify you by email or through the Service for significant changes

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

17. Contact Us

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

• Email: support@jobtimey.com
• Website: https://jobtimey.com