Terms and Conditions of Service

1. Acceptance of Terms

By creating an account, clicking “I agree to the Terms and Conditions”, or accessing our services, you (“Customer”, “Organization”, or “User”) agree to be legally bound by these Terms and Conditions (“Terms”) and our Privacy Policy. If you are accepting on behalf of a company or legal entity, you represent that you have the lawful authority to bind such entity.

2. Account Registration & Role-Based Access

To use the platform, organizations must register an administrator account. You agree to provide accurate, complete registration details and maintain updated contact email addresses. Access permissions are partitioned into hierarchical roles:

• Company Admin: Complete administrative control over worksites, staff records, subscription billing, and settings.
• Manager: Authorized to view team activity, adjust worksite configurations, and monitor employee check-ins.
• Viewer: Read-only access to view logs and export compliance reports without configuration modification privileges.
• Employee: Authorized to record check-in and check-out events using verified credentials or NFC physical tags.

You are responsible for safeguarding login credentials and for all activities occurring under your tenant organization.

3. NFC Tag Authentication & Geofence Verification

Our attendance mechanism couples cryptographic NFC tag identifiers with browser geolocation APIs to confirm physical presence within designated worksite perimeters:

• Cryptographic Security Tokens: Each worksite is assigned a distinct security token embedded in physical NFC tags or secure QR codes to prevent link spoofing.
• Zero Continuous Tracking: Geolocation coordinates are captured only at the precise instant an employee executes a check-in or check-out event. Our platform does not track worker locations in the background.
• Audit Flags: Check-ins occurring outside the configured radius or with high GPS uncertainty (>100m) are flagged for supervisor review but not silently discarded.

4. Employer Compliance & Employee Consent

As a Customer employer, you acknowledge and agree that you are solely responsible for compliance with all applicable labor laws, wage-and-hour regulations, and biometric/privacy statutes in jurisdictions where your workers operate.

5. Subscriptions, Fees & Billing

The service is sold as a yearly subscription to one of the plans listed on our website, billed in advance in Canadian dollars (CAD).

• Payment: Fees for each year are charged in advance by card, through our payment provider Stripe.
• Automatic Renewal: Your subscription renews automatically each year at the price of your plan, unless you cancel before your renewal date.
• Cancelling: You can cancel the renewal at any time before your renewal date from your dashboard (Settings → Subscription). Your plan stays active until the end of the year you have paid for and then does not renew. You can resume the renewal until that date.
• No Refunds: All fees are non-refundable, including for unused time, part of a year, or a cancelled subscription, except where the law requires otherwise.
• Upgrades: You can move to a higher plan at any time. The difference for the rest of your current year is charged straight away, and the higher plan starts once that payment succeeds. Your renewal date does not change.
• No downgrades: A subscription can't be moved to a lower plan.
• Plan Limits: Each plan has a maximum number of staff and worksites. To go beyond them, upgrade to a higher plan.
• If a Year Ends Unpaid: If you cancel, or a renewal payment fails, your company moves to the Basic plan when the paid year ends. After a short grace period (normally 7 days), check-ins are paused and the account becomes read-only: administrators can still sign in, view and export records, and renew. Renewing restores normal use.

6. Customer Data Ownership & Security

Between you and NFC Attendance, you retain full ownership of all data submitted to or collected by the platform (“Customer Data”), including worker identities, punch logs, and worksite records.

We implement industry-standard encryption in transit (TLS 1.3) and at rest (AES-256), salted password hashing (bcrypt), and strict organization-level access controls to prevent unauthorized access.

7. Acceptable Use Policy

You agree not to:

• Attempt to reverse-engineer, decompile, or tamper with the platform APIs or cryptographic verification protocols.
• Fabricate GPS mock coordinates or manipulate network headers to circumvent geofencing boundaries.
• Use the platform for any unlawful surveillance or covert employee monitoring.
• Resell, sublicense, or rent the SaaS services to unaffiliated third parties without our prior written consent.

8. Disclaimers & Limitations of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFC ATTENDANCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR FOR PAYROLL DISPUTES, LOST WAGES, OR LOSS OF BUSINESS RESULTING FROM NETWORK OUTAGES, INCORRECT GPS READINGS, OR HARDWARE SENSOR FAILURES.

OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOUR ORGANIZATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Term & Termination

These Terms remain effective until terminated by either party. You may cancel your subscription's renewal at any time from the admin dashboard; it ends at the end of the year you have paid for, as described in section 5, and fees already paid are not refunded. We reserve the right to suspend or terminate accounts that breach these Terms or engage in abusive or fraudulent activities. Upon account closure, you may request an export of your attendance logs within thirty (30) days.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Toronto, Ontario.