Terms of Service

The service

TimeGate is a workforce attendance and leave management platform. Depending on the plan and configuration, it provides:

• Attendance capture from a mobile app, with optional verification against a branch geofence, a registered branch Wi-Fi network, and a bound device.
• Branch-level configuration of shifts, schedules and grace periods.
• Leave requests across annual, sick, emergency and unpaid leave, routed through line manager and HR approval.
• External duty requests, attendance adjustments, review flags and period locks.
• Disciplinary warnings for lateness, absence, misconduct and other categories.
• Payroll periods, pay components, payroll runs and payslips, where enabled.
• Reporting and export of the above.

Accounts and access

Dashboard accounts are created by the customer or by TimeGate at the request of the customer. Employee mobile access is issued by the customer through the dashboard.

The customer is responsible for the accuracy of the accounts it creates, for assigning appropriate roles, and for removing access when a person leaves. Access to data inside the platform is governed by the role the customer assigns.

Credentials must not be shared. The customer is responsible for activity carried out under its accounts, except where that activity results from a failure on our side.

Customer responsibilities

The customer is the controller of the personal data it processes through TimeGate. That carries obligations we cannot discharge on the customer behalf.

• Having a lawful basis for monitoring attendance, and for each verification check it switches on, including location, Wi-Fi and device binding.
• Informing its employees about what is collected and why, in the manner its local law requires, and obtaining consent where consent is the basis relied on.
• Configuring the platform in a way that complies with the labour law that applies to it, including working time, overtime and leave entitlement rules.
• Deciding retention periods for its records and instructing us accordingly.
• Responding to requests from its own employees about their data.

Acceptable use

The platform must not be used to:

• Break the law, or process data the customer has no lawful basis to process.
• Monitor individuals covertly, where the applicable law requires that monitoring be disclosed.
• Attempt to access another company tenant, another user account, or any data the account is not authorised to see.
• Probe, scan or test the security of the platform without written permission, or interfere with its normal operation.
• Reverse engineer, decompile, or attempt to derive source code, except where that restriction is prohibited by law.
• Resell, sublicense or provide the service to a third party that is not an affiliate covered by the subscription.
• Upload malware, or content that infringes the rights of others.

Customer data and ownership

The customer owns its data. Employee records, attendance history, leave records and payroll data entered into or generated by the platform remain the property of the customer.

We process that data to provide the service, to keep it secure, and to support the customer. Our handling of personal data is described in the privacy policy and governed by our data processing agreement.

We may use aggregated, de-identified statistics that cannot identify a customer or an individual to operate and improve the service. We do not use customer data to train machine learning models offered to other customers.

TimeGate retains all rights in the platform itself, including the software, interfaces and documentation. Nothing in these terms transfers those rights.

Availability and support

We aim to keep the service available at all times, but we do not currently offer a contractual uptime commitment or a service credit scheme. If you need one, it has to be agreed in writing as part of your subscription.

Planned maintenance is scheduled outside regional business hours where possible. We may take the service down without notice where that is necessary to address a security issue.

Support is provided by email at hello@timegate.me. Response targets, where a plan includes them, are set out in the order.

Fees

Fees, billing frequency and currency are set out in the order or invoice agreed with the customer. Unless the order says otherwise, fees are payable in advance and are not refundable for a period already started.

We may change pricing on renewal with reasonable written notice. Price changes do not apply retroactively to a period already paid for.

Fees exclude taxes and duties, which the customer is responsible for where they apply.

Confidentiality

Each party may receive information from the other that is not public and is marked or clearly understood to be confidential. Each party will protect the confidential information of the other with at least the care it uses for its own, and will use it only for the purposes of this agreement.

This does not apply to information that is already public, is received lawfully from a third party, or is developed independently. Disclosure required by law is permitted, with notice to the other party where the law allows notice.

Term and termination

The subscription runs for the period set out in the order and renews unless either party gives notice before the renewal date.

Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may suspend access immediately where continued access presents a security risk or where fees are significantly overdue.

On termination, access ends and outstanding fees fall due.

What happens to your data on termination

The customer can export its data through the platform at any time during the subscription. On termination, we will make the data available for export for 30 days.

After that window, we delete or irreversibly anonymise the data on request. Because we do not currently run an automated purge schedule, deletion is carried out when requested rather than automatically, and copies can persist in encrypted backups until those backups are rotated.

We may retain records we are legally required to keep, such as billing records.

Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care. Beyond that, the service is provided as is, and we do not warrant that it will be uninterrupted or error free.

TimeGate is a record-keeping tool. It does not provide legal, tax, payroll or HR advice, and the fact that the platform can be configured a certain way does not mean that configuration is lawful in your jurisdiction. Responsibility for compliance with labour, privacy and tax law rests with the customer.

Liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, or loss of anticipated savings.

Subject to the above, the total liability of each party under this agreement is limited to the fees paid or payable by the customer in the twelve months before the event giving rise to the claim.

Indemnity

The customer will indemnify TimeGate against claims arising from its use of the platform in breach of these terms, and from claims by its own employees arising from the customer failing to meet its obligations as controller, including failing to inform employees about monitoring.

Changes

We may change the platform, and we may change these terms. Where a change materially reduces the service or materially increases customer obligations, we give notice to the account contact before it takes effect.

Continuing to use the service after a change takes effect indicates acceptance of the revised terms.

General

Neither party may assign this agreement without the written consent of the other, except to an affiliate or a successor in a merger or sale of assets.

If a provision is found unenforceable, the rest of the agreement continues to apply.

Governing law and the courts that have jurisdiction are set out in the order agreed with the customer. Where the order is silent, the parties will agree a forum in good faith before either brings a claim.

Contact

Questions about these terms can be sent to hello@timegate.me.