Sensible Attendance Software - Terms of Use

These Terms of Use ("Terms") govern your access to and use of Sensible Attendance Software ("Software"), provided by Sensible Ambient Tech ("Company," "we," "us," or "our"). By accessing or using the Software, you ("User" or "you") agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Software.

1. Acceptance of Terms

By using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you are using the Software on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “User” or “you” will refer to that organization.

2. Description of Service

Sensible Attendance Software Version 1.0 is designed for tracking employee attendance in office settings, primarily within the service industry. It allows employees to clock in and out via internet-connected terminals, generating attendance data accessible through employee and manager dashboards. The Software also facilitates communication between managers and employees for tasks such as leave requests.

3. Intended Use

The Software is intended for the sole purpose of tracking employee attendance and related administrative tasks within a professional office environment. Any use outside of this intended purpose is prohibited.

4. User Responsibilities

You are responsible for using the Software in accordance with these Terms and all applicable laws and regulations. You agree to:

• Use the Software only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Software by any other user.
• Maintain the security and confidentiality of your account and password, if applicable.
• Provide accurate and complete information when using the Software.
• Ensure that your use of the Software complies with your company’s policies and procedures.

5. Limitations of Use

You acknowledge and agree to the following limitations of the Software:

• Scope: The Software is specifically designed for office attendance tracking and may not be suitable or effective for other purposes.
• Security: The Software is not intended for use in high-security environments or for tracking sensitive personal information that requires heightened security measures.
• Compatibility: While we strive for broad compatibility, the Software may not be compatible with all operating systems, devices, or internet browsers.
• Data Input: The Software relies on manual input for clocking in and out. It does not incorporate biometric data collection or storage.
• Location Tracking: The Software does not have the capability to track employee locations, either inside or outside of the office.
• External Tracking: The Software is not designed to track employee activities or whereabouts outside of the designated office setting.
• As-Is Basis: The Software is provided "as is" and without warranties of any kind, to the maximum extent permitted by applicable law.

6. Forbidden Use

You are expressly prohibited from using the Software for any of the following:

• Any illegal or criminal activity, including but not limited to activities that violate local, state, national, and international laws and regulations.
• Sexual exploitation, child exploitation, or any activity that endangers children.
• Tracking activities that are not work-related or for purposes other than employee attendance management within the office setting.
• Any use that infringes upon or violates our intellectual property rights or the intellectual property rights of others.
• Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Software.
• Using any robot, spider, scraper or other automated means to access the Software for any purpose without our express written permission.

7. Intellectual Property Rights

The Software and its original content, features, and functionality are and will remain the exclusive property of Sensible Ambient Tech and its licensors. The Software is protected by copyright, trademark, and other laws of both the Country and foreign countries. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Software strictly in accordance with these Terms.

8. No Warranties

THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SENSible AMBIENT TECH DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENSIBLE AMBIENT TECH, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SOFTWARE; (III) ANY CONTENT OBTAINED FROM THE SOFTWARE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to indemnify, defend and hold harmless Sensible Ambient Tech and its officers, directors, employees, agents, and affiliates, from and against any and all liabilities, damages, losses, costs, expenses, or debts, and claims, arising from: (i) your use of and access to the Software; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Software caused damage to a third party.

11. Modifications to Terms

Sensible Ambient Tech reserves the right to modify or replace these Terms at any time at its sole discretion. We will endeavor to provide at least [Number] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Software after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Software.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

13. Contact Us

If you have any questions about these Terms, please contact us at: director@sensibleambientech.com

14. Entire Agreement

These Terms constitute the entire agreement between us regarding our Software, and supersede and replace any prior agreements we might have had between us regarding the Software.