HelTrack · Legal

Terms of Service

The agreement between HelTrack and the organizations and people who use it to schedule, pay and manage their workforce.

Last Updated
Effective Date
[EFFECTIVE DATE]
Version
0.2 (Draft)
Draft for Owner and Legal Review

This page is a draft and is not yet in effect. It may change after legal review. Highlighted values are still to be filled in.

Agreement

These Terms of Service (the "Terms") are an agreement between Iltronic, [ADDRESS] ("Iltronic", "we" or "us"), the company that owns and operates the HelTrack service, and:

  • the organization that subscribes to HelTrack (the "Customer"), and the person who accepts these Terms on its behalf, who confirms they have authority to do so; and
  • each person who uses HelTrack through a Customer's account (a "User"), such as an employee, contractor, supervisor or administrator.

By creating an account or using the HelTrack website, web app, mobile apps, kiosks or related services (the "Service"), you agree to these Terms, the Privacy Policy and, if you join HelTrack Alerts, the SMS Terms. If a Customer has signed a separate written agreement with us, that agreement takes priority where it conflicts with these Terms.

Definitions

  • Customer Data means the information a Customer and its Users put into the Service or create with it, such as schedules, attendance, payroll, reports, documents and messages.
  • Plan means the subscription level a Customer chooses, with its features and limits.
  • Administrator means a User the Customer authorizes to manage its account, people, settings and permissions.

Accounts and Access

  • Each User needs their own account. Keep your password and sign-in methods secure, and do not share accounts.
  • The Customer controls its account: who is invited, their roles and permissions, and which features are on. Administrators can change or remove a User's access.
  • You must be at least 16 to use the Service.
  • Tell us promptly at [SUPPORT EMAIL] if you suspect unauthorized use of an account.

Customer Responsibilities

The Customer is responsible for how it uses the Service with its workforce, including:

  • Notices and consents. Giving its workers the notices, and getting the consents, that the law requires for the features it turns on, such as location capture at clock-in, kiosk validation photos, message compliance export and access control.
  • Employment and payroll law. Making sure schedules, hours, breaks, overtime, pay and records meet the laws that apply to it. The Service helps with calculations and records but does not give legal, tax or payroll advice, and the Customer should check results before relying on them.
  • Its data and requests. Having the right to the Customer Data it provides, keeping it accurate, and answering its workers' privacy requests as the controller of their workforce records.
  • Its Users. Making sure its Users follow these Terms.

Acceptable Use

You must not:

  • break the law, or infringe or violate anyone's rights, including privacy and employment rights;
  • use the Service to harass, threaten or discriminate against anyone, or to send spam or marketing;
  • try to access accounts, organizations or data you are not authorized to access, or get around permissions or security;
  • upload malware, or interfere with or overload the Service;
  • copy, resell or reverse engineer the Service, or use it to build a competing product, except as the law allows;
  • use automated means to access the Service other than our published interfaces, within their limits.

We may investigate suspected violations and suspend access to protect the Service and its users.

Subscriptions, Billing and Taxes

  • Plans and fees. Fees depend on the Plan and the options the Customer chooses, as shown at checkout or in the Customer's order.
  • Renewal. Subscriptions renew automatically for the same period unless cancelled before renewal: [RENEWAL AND CANCELLATION TERMS].
  • Payment. Payments are processed by Stripe or PayPal, or, for in-app purchases, by Apple or Google under their own terms. The Customer authorizes us and our processors to charge the payment method on file.
  • Taxes. Fees exclude taxes unless stated. The Customer pays applicable taxes, other than taxes on our income.
  • Refunds. [REFUND POLICY]
  • Price changes. We will give at least [PRICE CHANGE NOTICE PERIOD] notice before a price change takes effect for an existing subscription.
  • Unpaid or ended subscriptions. If a subscription ends or payment fails, access may be limited to the billing pages until the subscription is renewed. Customer Data is not deleted because of this.

Customer Data

  • Ownership. The Customer owns its Customer Data. We claim no ownership of it.
  • Our use. The Customer gives us permission to host, process and display Customer Data only to provide, secure and support the Service, as described in the Privacy Policy and our data processing terms: [DATA PROCESSING AGREEMENT REFERENCE].
  • Retention. Customer Data is kept and deleted according to the Customer's retention settings, legal holds and the platform minimums described in the Privacy Policy.
  • Export. Administrators can export their data using the Service's export features while the subscription is active.
  • Account deletion by Users. Users can delete their own accounts; the Customer's work records are kept as described in the Privacy Policy.

Messaging, Notifications and SMS

  • Messages are designed to be end-to-end encrypted. The Customer's Owners and Administrators can export the organization's conversations with the organization's compliance key, and a platform key exists for an approved, audited legal message recovery process, as described in the Privacy Policy.
  • Users choose their notification channels. SMS alerts are optional and governed by the SMS Terms.
  • Notifications and alerts can be delayed or fail. They are not a substitute for emergency services or for a Customer's own safety procedures.

AI-Assisted Features

Some features use AI models to help draft, review or summarize content. AI output can be incomplete or wrong. Review it before relying on it, and do not use it as the only basis for decisions about people, such as discipline or pay.

Third-Party Services

The Service works with third-party services, such as payment processors, app stores, identity providers, maps and the integrations a Customer connects. Their own terms apply to them, and we are not responsible for them.

Recommended vendors and affiliate links. The Service may show Administrators third-party products and services we recommend. Some are affiliate links, and we may earn a commission when the Customer buys through them; this doesn't change the Customer's price. Recommendations are for convenience only: any purchase is between the Customer and the vendor under the vendor's terms, and we don't guarantee the vendor's products, services, prices or perks. We don't share Customer Data with these vendors. An Administrator can hide the recommendations for the Customer's whole organization.

Intellectual Property and Feedback

We own the Service, including its software, design and content, other than Customer Data. We give the Customer and its Users a limited, non-exclusive, non-transferable right to use the Service during the subscription under these Terms. If you send us feedback or suggestions, we may use them without obligation to you.

Confidentiality

Each party will protect the other's non-public information it receives through the Service with reasonable care, use it only for this agreement, and share it only with people who need it and are bound to protect it, or as the law requires.

Availability, Support and Changes

We work to keep the Service available and secure, but we do not promise it will be uninterrupted or error-free, unless a separate service level agreement says otherwise. We may add, change or remove features. If we remove a material feature from a paid Plan, we will tell affected Customers in advance. Support is available at [SUPPORT EMAIL].

Suspension and Termination

  • The Customer can cancel its subscription at any time; cancellation takes effect at the end of the paid period unless stated otherwise.
  • We may suspend or end access for a material breach of these Terms that is not fixed after notice, for non-payment, or immediately when needed to prevent harm, fraud or a security risk, or to comply with the law.
  • After termination, the Customer can export its data for [DATA EXPORT PERIOD AFTER TERMINATION], after which we delete or de-identify it, except where the law requires us to keep it or a legal hold applies.

Warranties and Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement.

Limitation of Liability

To the extent the law allows:

  • neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised they were possible; and
  • each party's total liability under these Terms is limited to [LIABILITY CAP].

These limits do not apply to a party's indemnification obligations, a Customer's payment obligations, or liability that cannot be limited by law.

Indemnification

The Customer will defend and indemnify HelTrack against third-party claims arising from Customer Data, from the Customer's use of the Service in breach of these Terms or the law, or from its employment practices. We will defend and indemnify the Customer against third-party claims that the Service, as we provide it, infringes their intellectual property rights.

Governing Law and Disputes

These Terms are governed by the laws of [GOVERNING LAW], without regard to conflict-of-law rules. Disputes will be resolved in [DISPUTE VENUE]. Nothing here limits rights you have under the consumer or employment laws where you live.

Changes to These Terms

We may update these Terms. We will change the "Last Updated" date and, for material changes, notify Customers in advance in the app or by email. Continuing to use the Service after the changes take effect means you accept them.

General

These Terms, with the documents they refer to, are the entire agreement on their subject. If a provision is unenforceable, the rest stays in effect. Failing to enforce a provision is not a waiver. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of its business. Neither party is liable for delays caused by events beyond its reasonable control.

Contact

  • Company: Iltronic
  • Address: [ADDRESS]
  • Email: [SUPPORT EMAIL]

Back to Top