Welcome to AttenYo. These Terms of Service ("Terms") govern your access to and use of the AttenYo platform and services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
1. Definitions
- "Services" - The AttenYo platform, including all features, applications, and functionality provided by AttenYo.
- "Customer" - The company or organization that has registered for and uses the Services.
- "Customer Data" - All data, information, and content that Customer or its End Users input, upload, or transmit through the Services.
- "Calculations" - Any computed values generated by the Services, including but not limited to attendance summaries, overtime calculations, shift compliance reports, and analytics.
- "End Users" - Customer's employees, contractors, or other individuals who access the Services through Customer's account.
2. Account Registration and Use
To use the Services, you must register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Be authorized to bind your organization to these Terms
- Keep your login credentials secure and confidential
- Be responsible for all activities that occur under your account
3. Customer Responsibilities
Customer acknowledges and agrees that AttenYo's provision of Services relies entirely on information provided by Customer. Customer is solely responsible for:
- Accuracy of all data input into the Services, including employee information, wage rates, shift configurations, and attendance rules
- Verification of all calculations and reports generated by the Services before using them for any purpose, including payroll processing
- Compliance with all applicable labor laws, employment regulations, and tax requirements in Customer's jurisdiction
- Timely review of all reports, flagging any errors within 7 days of generation
- All final decisions regarding payroll, employee compensation, and employment matters - AttenYo provides information only, not decisions
- Proper configuration of the Services according to Customer's specific legal and business requirements
4. Calculation Disclaimer
4.1 Informational Purpose Only
All calculations provided by the Services, including but not limited to overtime calculations, attendance summaries, shift compliance reports, time-off balances, and any other computed values, are provided for INFORMATIONAL AND DECISION-SUPPORT PURPOSES ONLY.
4.2 Not Payroll Processing
AttenYo is NOT a payroll processor. The Services do not calculate, withhold, or remit wages, taxes, or any other payments. Customer is solely responsible for all payroll processing, tax calculations, and compliance with payment obligations.
4.3 No Legal or Compliance Advice
Calculations and reports generated by the Services do not constitute legal, tax, accounting, or compliance advice. Customer should consult qualified professionals for such matters.
4.4 Verification Required
Customer MUST independently verify all calculations before relying on them for any purpose, including payroll processing, employee compensation, regulatory reporting, or any business decisions.
4.5 Jurisdiction Variations
Labor laws, overtime rules, and employment regulations vary significantly by jurisdiction. AttenYo makes no representation that its calculation methodologies comply with any specific jurisdiction's laws. Customer is solely responsible for configuring the Services appropriately and verifying compliance with applicable laws in their jurisdiction.
5. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE. ATTENYO DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT CALCULATIONS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
6. Limitation of Liability
6.1 Liability Cap
ATTENYO'S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO ATTENYO DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
6.2 Exclusion of Consequential Damages
IN NO EVENT SHALL ATTENYO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, business opportunities, or goodwill
- Cost of procurement of substitute services
- Any claims by Customer's employees, contractors, or third parties relating to wages, overtime, or employment matters
- Wage underpayments, overpayments, or miscalculations
- Tax penalties, interest, or assessments
- Regulatory fines, sanctions, or penalties
- Damage to reputation or loss of customers
7. Indemnification
Customer agrees to indemnify, defend, and hold harmless AttenYo and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Customer's use of the Services
- Any claim by an End User, employee, contractor, or third party relating to wages, overtime, attendance, compensation, or other employment matters
- Customer's violation of applicable laws or regulations
- Customer's breach of these Terms
- Inaccurate, incomplete, or outdated data provided by Customer
8. Data Ownership and Privacy
Customer retains ownership of all Customer Data. AttenYo processes Customer Data solely to provide the Services and in accordance with our Privacy Policy. Customer grants AttenYo a limited license to use Customer Data as necessary to provide, maintain, and improve the Services.
9. Service Availability
AttenYo strives to maintain high availability of the Services but does not guarantee uninterrupted access. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. AttenYo is not liable for any damages resulting from service interruptions.
10. Termination
Either party may terminate these Terms at any time by providing written notice. Upon termination, Customer's right to access the Services will cease. Customer may export their data for a period of 30 days following termination, after which AttenYo may delete Customer Data.
Sections 3, 4, 5, 6, 7, and 11 shall survive termination of these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising out of or relating to these Terms shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to binding arbitration or the courts of competent jurisdiction.
12. Changes to Terms
AttenYo reserves the right to modify these Terms at any time. We will notify Customer of material changes by email or through the Services. Continued use of the Services after changes become effective constitutes acceptance of the modified Terms.
13. Contact Us
If you have any questions about these Terms, please contact us:
Email: support@attenyo.com