Terms of Use

1. Definitions

• “We,” “us,” “our”: TimeOff Manager (operated by PositionMySite) and its service providers involved in hosting and operating the platform.
• “You,” “Customer”: The individual or organization that registers for or pays for the services.
• “Users”: Anyone granted access under your account—such as company administrators, HR managers, managers, and employees—including kiosk or mobile app users.
• “Services”: The TimeOff Manager website, software features we make available to you (such as leave and time-off management, scheduling, time tracking and geofencing, mileage tracking, payroll-related reporting and workflows where enabled, the optional API, help documentation, and the blog), and the TimeOff Kiosk / mobile clock-in experience on supported devices.
• “Your Content”: Data and materials you or your Users submit to the services (for example employee profiles, schedules, time punches, leave requests, photos used for attendance verification, and mileage trip details).

2. Access and License

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the services for your internal business or organizational purposes. You may not sublicense, sell, resell, or make the services available to unrelated third parties except as intended (for example, your own employees and contractors using accounts you provision).

We may modify, suspend, or discontinue parts of the services for maintenance, security, or product reasons. We will try to give reasonable notice when a change materially affects you, except when urgent or impractical.

3. Acceptable Use

You and your Users must use the services lawfully and in line with these Terms. Without limiting the foregoing, you agree that you will not:

• Share one login among multiple individuals. Each person should use their own account where the product is designed for individual credentials.
• Copy, reverse engineer, decompile, or attempt to extract source code from the services, or use the services to build a competing product.
• Probe, scan, or test the vulnerability of our systems, or scrape or harvest data from the services without written permission (except through documented APIs where offered).
• Upload malware, interfere with the services, or use the services in a way that harms other customers or our infrastructure—including excessive automated usage that degrades performance for others.
• Use the services to infringe others’ intellectual property or privacy rights, or for fraudulent or illegal activity.
• Allow use by children under 13. The services are intended for businesses and workforce use, not for minors as primary users.

We may suspend or limit access if we reasonably believe these rules are violated or if required for security or legal compliance.

4. Your Responsibilities

• Account security: You are responsible for safeguarding passwords, PINs, API keys, and kiosk credentials. Notify us promptly of suspected unauthorized access.
• Accuracy and compliance: You are responsible for the accuracy of Your Content and for using the services in compliance with employment, payroll, tax, privacy, and other laws that apply to your organization. Features (such as geofencing, schedules, or reports) are tools only; you remain responsible for workplace policies and legal obligations.
• Data processing: When you process personal data about your workforce through the services, our Data Processing Addendum applies. See also our Privacy Policy and Subprocessors list.
• Devices and browsers: You are responsible for maintaining reasonably current browsers, operating systems, and (for mobile apps) device OS versions compatible with the apps.
• Backups: You should maintain appropriate backups or exports of critical records as needed for your business. We are not liable for loss of data except as required by applicable law or expressly stated elsewhere in these Terms.

5. Fees, Billing, and Taxes

Paid plans are generally billed on a subscription basis through our payment processor (for example Stripe). By subscribing, you authorize us and our processor to charge your selected payment method according to the plan and billing cycle you choose.

• Fees are as shown at checkout or in your account unless otherwise agreed in writing.
• Subscriptions may renew automatically until you cancel through the account or billing tools we provide, subject to the cancellation terms shown at purchase.
• Taxes may apply based on your location and will be added where required.
• Unless required by law or stated otherwise at purchase, fees are non-refundable for partial periods. If you cancel, you typically retain access through the end of the paid period.
• We may change subscription prices with reasonable advance notice; changes usually apply at the next renewal.

6. Intellectual Property

We and our licensors own the services, including software, branding, documentation, and underlying technology. Except for the limited license in Section 2, no rights are granted to you.

As between you and us, you retain ownership of Your Content. You grant us a non-exclusive license to host, process, and display Your Content only as needed to provide, secure, and improve the services and as described in our Privacy Policy.

7. Privacy

Our collection and use of personal information is described in the Privacy Policy, which is incorporated into these Terms by reference. Where we process personal data on behalf of your organization, your organization is typically responsible for lawful bases, notices to employees, and rights requests in line with applicable law.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the services will be uninterrupted or error-free, or that time punches, GPS readings, or calculations will always be accurate or suitable for every legal or payroll outcome in your jurisdiction.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, IF NO FEES APPLIED, ONE HUNDRED U.S. DOLLARS (USD $100)). Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted by law.

10. Indemnity

You will defend, indemnify, and hold us harmless from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from Your Content, your or your Users’ use of the services in violation of these Terms or applicable law, or your violation of others’ rights—except to the extent caused by our gross negligence or willful misconduct.

11. Term, Suspension, and Termination

These Terms remain in effect while you use the services. You may stop using the services and cancel paid subscriptions according to the billing tools we provide.

We may suspend or terminate access if you materially breach these Terms, fail to pay amounts when due (after any stated cure period), or if we must do so for legal or security reasons. Upon termination, your right to use the services ends; we may delete or retain data as described in our Privacy Policy and applicable law.

Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive termination.

12. Changes to These Terms

We may update these Terms from time to time. We will post the updated version on this page and update the “Last updated” date. For material changes, we may also notify you by email or an in-product notice. Continued use of the services after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the services and cancel any subscription.

13. General

• Governing law: These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law rules, except where mandatory consumer or local laws provide otherwise.
• Notices: We may send notices to the email address associated with your account. Legal notices to us should be sent to the contact email below.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Entire agreement: These Terms and the Privacy Policy (and any order or checkout terms presented at purchase) are the entire agreement regarding the services and supersede conflicting prior understandings.
• Severability: If a provision is unenforceable, the remaining provisions remain in effect.

14. Contact

Questions about these Terms:

support@timeoffmanager.com

Support

These Terms are provided for convenience and are not a substitute for legal advice. You may wish to consult counsel regarding your organization’s obligations.