Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Clockspot, Inc. ("Clockspot," "we," "us") governing your use of the Clockspot time tracking platform, including our website, applications, and APIs (the "Service").

By creating an account or using the Service, you agree to these Terms. If you are accepting on behalf of a company or organization, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not use the Service.

Clockspot provides cloud-based time tracking tools for businesses. The Service includes clock-in/out functionality, GPS verification, timesheet management, approval workflows, reporting, and related features.

We continuously improve the Service and may add, change, or remove features at any time. If we remove or significantly change core functionality, we will notify you via email or in-app notification in advance.

To use Clockspot, an authorized administrator creates a workspace and invites team members. You are responsible for:

• Providing accurate registration information
• Keeping your login credentials secure
• All activity that occurs under your account
• Notifying us immediately if you suspect unauthorized access

We may suspend or terminate accounts that violate these Terms or that we reasonably believe are compromised.

New accounts receive a free 30-day trial with access to all features. No credit card is required to start a trial.

When the trial ends: If you do not add a payment method, your account becomes inactive. You can still log in and view your data, but clock-in and other active features are disabled until you subscribe.

Your data is preserved. We do not delete your data when a trial expires. If you decide to subscribe later, your data will still be there.

Clockspot charges a per-employee monthly fee. The current price is listed on our pricing page. We may change pricing with at least 30 days notice before your next billing cycle.

Auto-renewal: Subscriptions automatically renew at the end of each monthly billing period.

Payment failures: If a payment fails, we will notify you and provide a grace period of 7 days. If payment is not received within the grace period, we may suspend your account.

Refunds: Monthly subscriptions are non-refundable for the current billing period. If you cancel, you retain access until the end of your current period.

You agree not to:

• Falsify time records, GPS data, or other information
• Use the Service to violate labor laws or employment regulations
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Scrape, crawl, or use automated tools to access the Service beyond normal API usage
• Attempt to access accounts or data belonging to other users
• Use the Service to transmit malware, spam, or harmful content
• Resell, sublicense, or redistribute the Service without our written consent

We reserve the right to suspend accounts that violate this policy.

Clockspot provides an API for building custom integrations with the Service. By using the API, you agree to:

• Keep your API keys confidential and not share them publicly
• Respect rate limits as documented in our API documentation
• Not use the API to build a competing service
• Accept that API availability and endpoints may change with reasonable notice

We may revoke API access if we detect abuse, excessive load, or violations of these Terms. We will notify you before revoking access except in cases of security threats or active abuse.

You retain all rights to your data. Time entries, employee information, reports, and any other data you input into Clockspot belong to you.

You grant us a limited license to process your data solely for the purpose of providing and improving the Service. This license ends when you terminate your account and your data is deleted.

We will never sell your data to third parties. We will never use your employee time data for advertising. We may use aggregated, de-identified data for product improvement and industry benchmarking — this data cannot be traced back to you or your employees.

For more details on how we handle data, see our Privacy Policy.

We implement commercially reasonable security measures to protect your data, including encryption in transit and at rest, access controls, and regular security assessments.

Availability: We target 99.9% uptime for the Service. Planned maintenance will be communicated in advance and scheduled during off-peak hours when possible. We do not offer a formal SLA with service credits at this time.

No system is perfectly secure. We cannot guarantee that the Service will be free from vulnerabilities. You are responsible for maintaining the security of your account credentials and for any activity under your account.

Clockspot offers optional GPS verification at clock-in and clock-out. This feature:

• Must be enabled by the workspace administrator — it is not active by default
• Requires the employee to grant device-level location permission
• Records location only at the moment of a clock event (clock-in, clock-out, break start/end) — not continuously
• Does not track routes, continuous movement, or off-duty location

If you are an employer: You are responsible for complying with applicable GPS tracking notification and consent laws in your jurisdiction. Multiple U.S. states require written notice to employees before GPS tracking. We provide template consent language you can customize for your business.

GPS accuracy depends on the employee's device hardware, network conditions, and environment. Clockspot does not guarantee the precision of location data.

Clockspot is a time tracking tool, not an employer, payroll provider, or legal advisor. As an employer using Clockspot, you are responsible for:

• Reviewing and approving employee time records before processing payroll
• Complying with all applicable labor laws, including overtime calculations, break requirements, and record-keeping obligations (FLSA, state wage laws, etc.)
• Making all employment decisions (pay, scheduling, discipline) independently
• Obtaining employee consent for GPS tracking where required by law
• Maintaining your own records as required by applicable regulations

Clockspot provides tools to help with time tracking and reporting, but the accuracy and legal compliance of your payroll depends on how you use these tools.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free
• GPS or time data will be 100% accurate
• The Service will meet all of your requirements
• Any errors in the Service will be corrected

We make commercially reasonable efforts to maintain high availability and will communicate planned maintenance in advance.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOCKSPOT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO CLOCKSPOT IN THE 12 MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL CLOCKSPOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

You agree to indemnify and hold harmless Clockspot, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Claims by your employees related to employment practices, pay, or labor law compliance
• Your failure to obtain required consent for GPS tracking

Cancellation by you: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until then.

Termination by us: We may terminate or suspend your account if you violate these Terms, fail to pay after the grace period, or if we are required to do so by law.

After cancellation or termination:

• Your data is preserved. You can log in and view your historical records.
• You can export your data at any time using our export tools.
• If you resubscribe, your data will still be there.
• If you want your data deleted, contact us. Deletion is subject to applicable legal record-keeping requirements.

We may update these Terms from time to time. When we make material changes, we will:

• Email you at least 30 days before the changes take effect
• Post a notice in the Service
• Update the "Last Updated" date at the top of this page

Your continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you may cancel your account before the effective date.

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Informal resolution: Before filing a formal dispute, you agree to contact us at legal@clockspot.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration: If informal resolution fails, any disputes arising from these Terms will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in California.

Class action waiver: You agree to resolve disputes individually. You waive any right to participate in a class action, class arbitration, or representative proceeding.

Nothing in this section prevents either party from seeking injunctive or equitable relief in court for matters related to data security or intellectual property.

Force majeure: Neither party is liable for delays or failures in performance caused by events beyond reasonable control, including natural disasters, war, government actions, pandemics, or internet disruptions.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect.

Entire agreement: These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Clockspot.

Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

No waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.