Terms of Service

These Terms of Service ("Terms") govern your use of the Reliatime platform and services (the "Service") operated by Reliatime, LLC, an Indiana limited liability company ("Reliatime," "we," "us," or "our").

1. Agreement to Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Reliatime provides a cloud-based software-as-a-service (SaaS) platform for managing and monitoring time and attendance devices. Our Service includes device management, data analytics, reporting capabilities, and related support services. We reserve the right to modify or discontinue features at any time.

3. Account Terms

You must provide accurate and complete registration information. You are responsible for:

• Maintaining the security of your account and password
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Ensuring your use complies with these Terms

You must be 18 years or older to use this Service. One person or legal entity may not maintain more than one free account.

You may not impersonate others or allow unauthorized users to access your account.

If you create a team or organization account, you must designate at least one authorized administrator who will have the ability to add, manage, or remove users. You are responsible for all activities occurring under your organization’s account, including those of your authorized users. It is your responsibility to ensure that your users comply with these Terms.

You are responsible for all User Content you submit through the Service. User Content may include employee information, time and attendance data, device logs, device configurations, and other operational data. You represent that you have the necessary rights and permissions to provide this data. Please refer to our Privacy Policy for how we handle such data.

4. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations and not to misuse or interfere with the Service. Specifically, you may not:

• Use the Service for unlawful, harmful, or fraudulent activities
• Attempt to gain unauthorized access to systems, networks, or accounts
• Disrupt or degrade the performance or availability of the Service
• Use the Service to harass, threaten, or harm others
• Submit content that is abusive, defamatory, obscene, or otherwise objectionable
• Violate the intellectual property or privacy rights of others
• Use the Service to transmit spam, phishing attempts, or malware
• Use data for purposes beyond legitimate business operations or in violation of applicable privacy laws

In addition, you may not:

• Reverse engineer, decompile, or attempt to discover the source code, algorithms, or structure of the Service
• Bypass or circumvent authentication, access controls, or usage restrictions
• Use automated tools (such as bots, scrapers, or crawlers) to access the Service without our written permission
• Engage in penetration testing, load testing, or other forms of system scanning without prior approval
• Share, resell, or misuse access credentials, API tokens, or authentication mechanisms
• Use the Service in high-risk environments (e.g., life support systems, critical infrastructure) where failure could result in harm
• Abuse or exceed API rate limits or intentionally interfere with normal usage patterns
• Impersonate others or misrepresent your identity or affiliation
• Use the Service to engage in surveillance or discrimination based on protected characteristics

We reserve the right to investigate and suspend any account that we, in our sole discretion, determine is engaging in harmful, disruptive, or unlawful activity, or otherwise violates these Terms. While we may review submitted content to ensure compliance, we are not obligated to do so.

5. Export Controls and Compliance

The Service is subject to U.S. export control laws to the extent applicable to cloud-based software services. You represent and warrant that you are not on any U.S. government denied party list and that you will not use the Service in violation of any applicable sanctions or embargoes.

6. Payment Terms

6.1 Fees and Payment

Access to paid features requires a separate subscription agreement or order form ("Order") that specifies your subscription terms, pricing, and payment schedule. By entering into an Order, you agree to:

• Pay all fees specified in your Order according to the payment terms therein
• Provide accurate and complete billing information
• Maintain current payment information throughout your subscription
• Pay all amounts due without setoff, counterclaim, or deduction

All fees are non-refundable except as expressly provided in these Terms or your Order. Payment obligations are non-cancelable during the subscription term specified in your Order. Mid-term downgrades or reductions in service levels are not permitted.

6.2 Late Payments

If any invoiced amount is not received by the due date:

• We may suspend Service after providing 7 days written notice
• Overdue amounts accrue interest at 1.5% per month or the maximum legal rate, whichever is less
• You are responsible for all reasonable collection costs, including attorneys' fees
• Suspension does not relieve you of payment obligations

6.3 Taxes

All fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, excluding taxes based solely on our net income. We will add applicable taxes to invoices where required by law. You must provide valid tax exemption certificates if claiming exempt status.

6.4 Disputes

Payment disputes must be submitted in writing to billing@reliatime.com within 30 days of the invoice date. Undisputed amounts must be paid in full. Filing a chargeback without first attempting resolution may result in immediate Service termination.

7. Data and Security

7.1 Data Ownership

You retain all rights to your data. We claim no ownership rights over your data. You grant us a limited license to use your data solely to provide the Service and as described in our Privacy Policy.

7.2 Security Responsibilities

We implement commercially reasonable administrative, physical, and technical safeguards to protect your data. You are responsible for:

• Maintaining the confidentiality of your account credentials
• Managing user access and permissions within your organization
• Securing your own systems, devices, and network connections
• Using strong passwords and enabling multi-factor authentication when available
• Promptly notifying us of any suspected security breach

We are not liable for unauthorized access resulting from your failure to maintain adequate security measures or from the compromise of your credentials.

7.3 Data Processing

You acknowledge that we may use third-party service providers and subprocessors to deliver the Service. Your data may be processed and stored in the United States or other countries where we or our service providers maintain facilities. You consent to such processing and transfers. We are not responsible for acts or omissions of third-party subprocessors beyond our reasonable control, provided we have exercised reasonable care in their selection and monitoring.

7.4 Your Compliance Obligations

You are solely responsible for the legality, accuracy, and appropriateness of all data you provide. You represent that you have all necessary rights, consents, and legal bases to provide such data for processing through the Service.

7.5 International Data Protection

You acknowledge that if you process data of individuals in the EU, UK, California, or other jurisdictions with data protection laws, you remain the data controller and are responsible for compliance with applicable laws including GDPR, UK GDPR, and CCPA. We act as a data processor on your behalf and will cooperate with reasonable requests to facilitate your compliance obligations. You must ensure you have appropriate legal bases for any international data transfers.

7.6 Biometric Data Compliance

Customer Obligations for Biometric Data

You warrant and represent that:

• You have obtained all required employee consents for biometric data collection under applicable state laws
• You comply with biometric privacy laws in all jurisdictions where your employees are located
• You have provided required written notices to employees about biometric data collection, storage, and use
• You will immediately notify us if any employee withdraws consent for biometric processing
• You maintain all required biometric privacy policies and employee acknowledgments
• You have the legal authority to provide employee biometric data to Reliatime for processing and synchronization

Multi-State Biometric Compliance

Given our ability to operate across all U.S. states, you are responsible for compliance with the most restrictive applicable biometric privacy laws, including:

• Illinois Biometric Information Privacy Act (BIPA): Requires written consent, specific retention schedules, and carries penalties of $1,000-$5,000 per violation
• Texas Business and Commerce Code Chapter 503: Regulates biometric identifier collection and retention
• Washington RCW 19.375: Governs biometric data privacy and security

Data Synchronization and System Integrity

We retain biometric data from failed synchronization attempts to enable correction and maintain system integrity. You are responsible for timely resolution of synchronization failures and ensuring data accuracy across your devices.

8. Service Availability

We use commercially reasonable efforts to maintain Service availability, targeting 99.9% uptime measured monthly by our monitoring systems. "Uptime" means the Service is accessible and operational at our data centers, excluding:

• Scheduled maintenance (with 48 hours advance notice)
• Force majeure events
• Issues caused by your equipment, third-party services, or internet connectivity
• Your breach of these Terms

Service credit requests must be submitted within 30 days of the downtime incident. Credits, if granted, will be applied to future invoices and are your sole remedy for Service unavailability. Total credits in any month shall not exceed that month's service fees.

9. Intellectual Property

The Service and its original content (excluding your data), features, and functionality are owned by Reliatime, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted are reserved.

You agree not to copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms of the Service or any software, documentation, or data related to the Service. You shall not access the Service to build a competitive product or service, or copy any ideas, features, functions, or graphics of the Service.

10. Beta Features and Pre-Release Services

We may offer access to beta, pilot, preview, early access, or other pre-release features, products, or services ("Beta Features"). Beta Features are provided for evaluation purposes only and:

• Are provided "AS IS" without any warranties or service level commitments
• May not be feature complete or fully functional
• May be discontinued or modified at any time with reasonable notice where practicable
• Are not subject to our Service Availability commitments
• Should not be used for production or critical workloads
• May be subject to additional terms or agreements

Your use of Beta Features is at your own risk. Beta Features are confidential and you agree not to disclose information about them without our prior written consent. Any feedback, suggestions, or other information you provide regarding Beta Features becomes our property and may be used without restriction or compensation. We retain all intellectual property rights in Beta Features.

11. Term and Termination

11.1 Term

These Terms commence when you first access the Service and continue until terminated. Subscription terms are governed by your Order.

11.2 Termination for Cause

Either party may terminate these Terms for the other party's material breach that remains uncured for 30 days after written notice. We may terminate immediately for:

• Your violation of Acceptable Use provisions
• Non-payment exceeding 30 days
• Your bankruptcy, insolvency, or assignment for benefit of creditors
• Actions that threaten Service security or availability for other customers

11.3 Effect of Termination

Upon termination:

• Your access to the Service immediately ceases
• All accrued fees become immediately due and payable
• We will make your data available for export for 30 days ("Retrieval Period")
• After the Retrieval Period, we will delete all your data unless legally required to retain it
• No refunds will be provided for any prepaid, unused fees

12. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.1 Third-Party Services

The Service relies on essential infrastructure providers (such as AWS) for core functionality, which we monitor and maintain to industry standards. Optional third-party integrations that you choose to enable (such as external APIs or add-ons) are provided "as is" without warranty. We are not responsible for failures, interruptions, or issues caused by optional third-party services. Your use of any third-party services is governed by their respective terms. We will use commercially reasonable efforts to maintain our essential infrastructure but cannot guarantee uninterrupted availability of services outside our control.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELIATIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount paid by you to Reliatime in the twelve (12) months preceding the claim.

These limitations apply even if any remedy fails of its essential purpose.

14. Indemnification

You agree to indemnify and hold harmless Reliatime from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms including any third-party claims relating to your data or your use of the service.

You specifically agree to indemnify Reliatime for any claims, fines, or damages arising from:

• Your failure to obtain required employee consents for biometric data collection
• Violations of state biometric privacy laws due to your non-compliance with notice or consent requirements
• Employee claims related to unauthorized biometric data collection or use
• Regulatory fines resulting from your failure to provide required biometric privacy notices

15. Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials ("Force Majeure Event").

The affected party must promptly notify the other party and use commercially reasonable efforts to mitigate the impact. If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Order upon written notice. Force Majeure will not excuse your obligation to pay fees for Services already rendered or for which payment is otherwise due.

16. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions.

16.1 Arbitration and Class Action Waiver

Except for actions in small claims court or to enforce an arbitration award, you and Reliatime agree to resolve any disputes arising out of or relating to these Terms or the Service exclusively through final and binding arbitration in Indiana.

You agree that any arbitration will take place on an individual basis only. Class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you are waiving your right to a trial by jury or to participate in a class action.

The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction.

16.2 Data Processing Location

By using the Service, you acknowledge and agree that your data may be processed and stored in the United States or other jurisdictions where we or our service providers operate.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance of the modified Terms.

18. Survival

The following sections will survive termination of your account or these Terms: Sections 5 (Export Controls and Compliance), 6 (Payment Terms - for any outstanding obligations), 7 (Data and Security), 7.6 (Biometric Data Compliance), 9 (Intellectual Property), 11.3 (Effect of Termination), 12 (Warranties and Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Force Majeure), 16 (Governing Law and Dispute Resolution), 18 (Survival), and any other provisions that by their nature should survive termination.

19. Feedback and Suggestions

If you send us feedback or suggestions regarding the Service, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use such feedback for any purpose without compensation or attribution to you.

20. Miscellaneous

20.1 Order Precedence

If there is any conflict between these Terms and an Order or other agreement signed by both parties, the signed agreement will control solely with respect to the specific terms in conflict. All other provisions of these Terms remain in full effect.

20.2 Entire Agreement

These Terms, together with any applicable Order and our Privacy Policy, constitute the entire agreement between you and Reliatime regarding the Service and supersede all prior agreements and understandings.

20.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

20.4 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 our failure to assert any right or provision shall not constitute a waiver of such right or provision.

20.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

21. Contact Information

For questions about these Terms, please contact us at:

Reliatime, LLC
Email: legal@reliatime.com
Address: 5651 Coventry Lane PMB 185
Fort Wayne, IN 46804

For general inquiries: info@reliatime.com