These Terms of Service (“Terms”) govern your access to and use of the ClockFace platform (“Service”), operated by ClockFace (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

2. Service Description

ClockFace is a cloud-based time-tracking platform that provides:

• Employee clock-in and clock-out via facial recognition and PIN-based verification.
• Shift scheduling and assignment management.
• Automated overtime calculation and meal break compliance tracking.
• Real-time attendance dashboards and reporting.
• Payroll data export in CSV format for integration with third-party payroll systems.
• Multi-location management from a unified administrator dashboard.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will provide at least 30 days' notice before discontinuing core functionality.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Promptly notifying us of any unauthorized access or security breach.
• Ensuring that all users added to your organization have consented to the applicable data collection practices.

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for more than 12 consecutive months.

4. Use Restrictions

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service to collect biometric data without proper employee consent.
• Share, resell, or sublicense access to the Service without our written permission.
• Upload malicious code, interfere with the Service's operation, or circumvent security measures.
• Use facial recognition data for any purpose other than employee time-tracking verification.

5. Biometric Data Consent

The Service uses facial recognition technology to verify employee identity during clock-in and clock-out. By enrolling employees in face recognition, you acknowledge and agree to the following:

• You are responsible for obtaining informed, written consent from each employee before enrolling them in facial recognition, in compliance with all applicable biometric privacy laws (including BIPA, CCPA, and GDPR).
• You will inform employees of the specific purpose and duration of biometric data collection and storage.
• You will provide employees with the option to use PIN-based clock-in as an alternative if they decline biometric enrollment.
• You will maintain records of employee consent and make them available upon request.

Failure to obtain proper consent may result in suspension of your account's access to biometric features and may expose you to legal liability under applicable biometric privacy laws.

6. Data Ownership

• Your Data: You retain all ownership rights to the data you and your employees submit to the Service, including time entries, employee records, and organizational data. We do not claim ownership of your data.
• License to Us: You grant us a limited, non-exclusive license to process, store, and display your data solely for the purpose of providing and improving the Service.
• Data Export: You may export your data at any time through the Service's built-in export features. Upon account termination, we will make your data available for export for 90 days before permanent deletion.
• Aggregated Data: We may use anonymized, aggregated data that does not identify any individual or organization for analytics, benchmarking, and service improvement purposes.

7. Termination

Either party may terminate the agreement at any time:

• By You: You may cancel your subscription and close your account at any time through the account settings. Cancellation takes effect at the end of the current billing period.
• By Us: We may suspend or terminate your access if you violate these Terms, fail to pay applicable fees, or if required by law. We will provide notice and an opportunity to cure non-material breaches before termination.

Upon termination, your right to use the Service ceases immediately. We will retain your data in accordance with our Privacy Policy and applicable legal requirements. Biometric data will be permanently destroyed within 30 days of termination.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, 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 completely secure, or that any defects will be corrected.
• In no event shall our total aggregate liability exceed the amount you paid for the Service during the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, regardless of the theory of liability.
• We are not liable for payroll errors, compliance violations, or labor disputes arising from your use of the Service. You are responsible for verifying all time records and payroll calculations before processing.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in San Francisco County, California.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

11. Contact Us

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

• Email: [email protected]
• Mail: ClockFace, Attn: Legal Department, 123 Main Street, Suite 400, San Francisco, CA 94105