Terms of Service
Welcome to BIZZYOMETER. These Terms of Service ("Terms") govern your access to and use of the BIZZYOMETER platform, including our website, software, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using BIZZYOMETER, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
BIZZYOMETER is a Software as a Service (SaaS) platform designed to help organizations manage and monitor employee productivity. Our Service provides tools for tracking work activities, analyzing productivity metrics, and generating reports.
3. Account Registration and Eligibility
3.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. By using the Service, you represent and warrant that you meet these requirements.
3.2 Account Information
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3 Account Security
You must immediately notify us of any unauthorized use of your account or any other breach of security. BIZZYOMETER will not be liable for any loss or damage arising from your failure to comply with these security obligations.
4. Employee Monitoring and Privacy Compliance
4.1 Customer Responsibilities
You acknowledge and agree that:
(a) You are solely responsible for obtaining all necessary consents, permissions, and authorizations from your employees before using the Service to monitor their activities.
(b) You must comply with all applicable federal, state, local, and international laws regarding employee monitoring, including but not limited to the Electronic Communications Privacy Act (ECPA), General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any other relevant data protection or privacy laws.
(c) You must implement and maintain appropriate privacy policies and employee notices that clearly disclose your use of monitoring software and the types of data collected.
(d) You are responsible for ensuring that your monitoring practices do not violate employee rights or create a hostile work environment.
4.2 BIZZYOMETER's Role
BIZZYOMETER provides tools and technology only. We do not provide legal advice regarding employee monitoring compliance. You are strongly encouraged to consult with qualified legal counsel to ensure your monitoring practices comply with all applicable laws in your jurisdiction.
5. Acceptable Use Policy
5.1 Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in compliance with all applicable laws and regulations.
5.2 Prohibited Activities
You agree NOT to:
(a) Use the Service in any way that violates applicable laws or regulations
(b) Monitor employees without proper authorization, consent, or legal basis
(c) Use the Service to collect sensitive personal information without appropriate safeguards
(d) Attempt to gain unauthorized access to the Service or related systems
(e) Interfere with or disrupt the Service or servers connected to the Service
(f) Use the Service to transmit any malware, viruses, or malicious code
(g) Reverse engineer, decompile, or disassemble the Service
(h) Remove or modify any proprietary notices from the Service
(i) Use the Service for harassment, stalking, or any illegal surveillance
(j) Share your account credentials with unauthorized users
6. Subscription and Payment Terms
6.1 Subscription Plans
BIZZYOMETER offers various subscription plans with different features and pricing. Details of available plans are available on our website. By subscribing to a plan, you agree to pay the applicable fees.
6.2 Payment
You agree to provide current, complete, and accurate payment information. You authorize us to charge your designated payment method for all fees incurred under your account. All fees are non-refundable except as expressly stated in these Terms or required by law.
6.3 Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your subscription plan.
6.4 Price Changes
We reserve the right to modify our pricing at any time. We will provide you with reasonable advance notice of any price changes. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified price.
6.5 Cancellation
You may cancel your subscription at any time through your account settings. Cancellations will be effective at the end of the current billing period. You will not receive a refund for any unused portion of your subscription.
7. Data Ownership and Usage
7.1 Your Data
You retain all rights, title, and interest in and to the data you submit to or collect through the Service ("Customer Data"). You grant BIZZYOMETER a limited license to use, process, and store Customer Data solely to provide and improve the Service.
7.2 Data Security
We implement reasonable technical and organizational measures to protect Customer Data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
7.3 Data Retention
We will retain Customer Data for as long as your account is active or as needed to provide the Service. Upon termination, we will delete or anonymize your data within a reasonable timeframe, subject to applicable legal requirements.
8. Intellectual Property Rights
8.1 BIZZYOMETER Property
The Service, including all software, technology, designs, graphics, and content (excluding Customer Data), is owned by BIZZYOMETER and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service.
8.2 Trademarks
BIZZYOMETER and all related logos are trademarks of BIZZYOMETER. You may not use these trademarks without our prior written permission.
9. Third-Party Services and Links
The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies.
10. Disclaimers and Limitations of Liability
10.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 No Legal Advice
BIZZYOMETER DOES NOT PROVIDE LEGAL ADVICE. THE SERVICE IS A TECHNOLOGY TOOL ONLY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR USE OF THE SERVICE COMPLIES WITH ALL APPLICABLE LAWS, INCLUDING EMPLOYMENT AND PRIVACY LAWS.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZZYOMETER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BIZZYOMETER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO BIZZYOMETER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10.4 No Guarantee of Accuracy
While we strive to provide accurate productivity metrics and data, we do not guarantee the accuracy, completeness, or reliability of any data or analytics provided through the Service. You should not rely solely on the Service for employment decisions.
11. Indemnification
You agree to indemnify, defend, and hold harmless BIZZYOMETER, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
(a) Your access to or use of the Service;
(b) Your violation of these Terms;
(c) Your violation of any applicable laws, including employee monitoring and privacy laws;
(d) Your failure to obtain necessary consents or authorizations for employee monitoring;
(e) Any employment claims or disputes arising from your use of the Service.
12. Termination
12.1 Termination by You
You may terminate your account at any time by following the cancellation process in your account settings or by contacting our support team.
12.2 Termination by BIZZYOMETER
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including if we believe you have violated these Terms or engaged in illegal or inappropriate conduct.
12.3 Effect of Termination
Upon termination, your right to access and use the Service will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [INSERT YOUR STATE/COUNTRY], without regard to its conflict of law provisions.
14.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through [INSERT: binding arbitration / mediation / court jurisdiction in specific location]. [ADD SPECIFIC ARBITRATION CLAUSE IF DESIRED]
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BIZZYOMETER regarding the Service and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BIZZYOMETER's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
15.5 Force Majeure
BIZZYOMETER shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or internet service failures.
16. Contact Information
If you have any questions about these Terms, please contact us at:
BIZZYOMETER
Christchurch, New Zealand
Email: info@bizzyomter.com
Phone: +64 027 266 2382
By using BIZZYOMETER, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.