Please read these Terms and Conditions (“Terms”) carefully before using the www.timerewards.com website and the TimeRewards App mobile application (together, or individually, the “Service”) operated by TimeRewards Software, Inc. (“TimeRewards”, “us”, “we”, or “our”).
In these Terms, our customers are called “Subscribers” (“you” or “your”). We use “staff” to describe persons to whom Subscribers give staff access to the Service. Other capitalized terms are defined where they first appear.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and our Privacy Policy. By accessing or using the Service, you agree to be bound by these Terms and the Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you may not access or use the Service.
1. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.
2. Communications
By creating an account on the Service, you agree to receive newsletters, marketing or promotional materials, and other information we may send to the administrator of the account. You may opt out of receiving any or all of these communications by following the unsubscribe link or instructions provided in any email we send. We will never send newsletters, marketing, or promotional materials to your staff directly. Service-related notices (such as billing, security, and changes to these Terms) are not marketing communications and will continue to be sent.
3. Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring, periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly or annual basis.
At the end of each Billing Cycle, you will automatically be charged based on the number of staff who use the Service or the number of purchased licenses, whichever is higher, unless you cancel your Subscription before the Billing Cycle ends or TimeRewards cancels it. You may cancel your Subscription renewal through your online account management page, by emailing support@timerewards.com, or by contacting TimeRewards customer support. Cancellation takes effect at the end of the then-current Billing Cycle, and no further fees will be charged after that date.
A valid payment method, including a credit card, is required to process payment for your Subscription. You must provide TimeRewards with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting payment information, you authorize TimeRewards to charge all Subscription fees incurred through your account to that payment instrument.
Should automatic billing fail to occur for any reason, TimeRewards will issue an electronic invoice indicating that you must proceed manually, by a certain deadline, with the full payment corresponding to the billing period indicated on the invoice.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction, excluding taxes based on TimeRewards’ net income.
4. Free Trial
TimeRewards may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
If you enter billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will automatically be charged the applicable Subscription fees for the Subscription you selected.
At any time and without notice, TimeRewards reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel the Free Trial offer. Any change will not affect a Free Trial already in progress.
5. Fee Changes
TimeRewards may modify Subscription fees at its sole discretion. We will provide you with at least thirty (30) days’ prior notice of any change in Subscription fees, so that you have an opportunity to cancel your Subscription before the change becomes effective. Any Subscription fee change will become effective at the end of the then-current Billing Cycle following that notice period.
Your continued use of the Service after a Subscription fee change takes effect constitutes your agreement to pay the modified Subscription fee.
6. Refunds
Except as provided in Section 13 (Termination), Subscription fees are non-refundable. Other refund requests may be considered on a case-by-case basis and granted at the sole discretion of TimeRewards. Any discretionary refund will never exceed the amount billed in the previous Billing Cycle.
7. Content
The Service may allow you and your staff to attach files, and add notes, comments, or other information in connection with timesheets and related records (“Content”). You are responsible for the Content submitted through your account, including its legality, reliability, and appropriateness.
By submitting Content through the Service, you represent and warrant that: (i) you own the Content or have the right to use it and to grant us the license described in this section, and (ii) submitting the Content through the Service does not violate the privacy, publicity, intellectual property, contractual, or other rights of any person or entity.
You retain all rights to Content you submit. We do not claim ownership of your Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, display, and back up your Content as needed to provide, maintain, secure, support, and improve the Service. We do not sell your Content. We do not distribute your Content outside your account except as described in Section 10 (Confidential Information) or our Privacy Policy.
We reserve the right to remove Content, or to suspend or terminate an account, where we reasonably believe Content violates these Terms or applicable laws.
Content and materials made available by TimeRewards as part of the Service (excluding your Content) remain the property of TimeRewards or its licensors, and may not be distributed, modified, transmitted, reused, downloaded, reposted, or copied, in whole or in part, for commercial purposes or personal gain, without our express prior written permission.
8. Accounts
When you create an account with us, you represent that you are at least 18 years old, and that the information you provide is accurate, complete, and current. Inaccurate, incomplete, or outdated information may result in suspension or termination of your account under Section 13.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You accept responsibility for all activities that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use, as a username, the name of another person or entity that is not lawfully available for use, a name or trademark subject to another person’s or entity’s rights without appropriate authorization, or a name that is offensive, vulgar, or obscene.
9. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of TimeRewards and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TimeRewards.
You will not, and will not permit others to: (i) copy, modify, or create derivative works of the Service; (ii) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent permitted by law; (iii) resell, sublicense, or provide the Service to third parties outside your organization; or (iv) access the Service to build a competing product.
10. Confidential Information
“Confidential Information” means non-public data and Content that you or your staff submit to the Service, and non-public information about your business that we receive through your use of the Service. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of ours; (b) was lawfully known to us before receipt from you; (c) is lawfully received from a third party without a duty of confidentiality; or (d) is independently developed by us without use of your Confidential Information. Aggregated or de-identified data that does not identify you, your staff, or your business is not Confidential Information.
We will hold your Confidential Information in confidence and will not disclose it to third parties, except: (i) as necessary to provide the Service, including to our service providers and subprocessors (such as hosting, payment processing, and customer support vendors) who are bound by confidentiality obligations at least as protective as those in this section; (ii) as authorized by you in writing; (iii) as required to comply with applicable law, regulation, subpoena, or court order, in which case we will use commercially reasonable efforts to notify you first unless legally prohibited from doing so; or (iv) as described in our Privacy Policy.
We will limit access to your Confidential Information to our employees and contractors who need such access to provide the Service and who have signed confidentiality agreements containing protections no less stringent than those in this section.
11. Data Security
We will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect your Confidential Information against unauthorized access, use, alteration, or disclosure.
If we become aware of unauthorized access to your Confidential Information in our systems (a “Security Incident”), we will notify you without undue delay, with our best attempt to do so within seventy-two (72) hours of confirming the Security Incident, and will provide information reasonably available to us to help you respond.
A current list of our subprocessors is available on request. Where required by applicable law, our Data Processing Agreement forms part of these Terms.
12. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by TimeRewards. TimeRewards has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services, and does not warrant the offerings of any of these entities, individuals, or their websites.
You acknowledge and agree that TimeRewards shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services you visit.
13. Termination
13.1 Termination by you. You may cancel your Subscription at any time as described in Section 3. Cancellation takes effect at the end of the then-current Billing Cycle.
13.2 Termination by us for convenience. We may terminate your Subscription for any reason by giving you at least thirty (30) days’ written notice. In that case, we will refund any prepaid fees for the unused portion of your Subscription, calculated on a pro-rata basis.
13.3 Suspension or termination by us for cause. We may suspend or terminate your access to the Service, with notice to you where practicable, if: (a) you materially breach these Terms and do not cure the breach within fifteen (15) days after written notice, or immediately where the breach cannot be cured (including a breach of Section 9); (b) any undisputed fees remain unpaid more than fifteen (15) days after their due date; (c) we are required to do so by law; or (d) your use of the Service poses a security risk to the Service or to other users. Any suspension will be limited to the extent and duration reasonably necessary. No refund is owed for termination under this Section 13.3.
13.4 Effect of termination. When your Subscription ends:
- No further fees will be charged after the end of your paid period, and your payment information will be deleted after the final Billing Cycle.
- Access to the Service will be blocked.
- Your timesheets and other account information will be preserved for one (1) year. During that period, you may request a copy of your data, which will be provided free of charge in Excel format. After one (1) year, we may delete your data in accordance with our data retention practices.
You are responsible for exporting and retaining any records you are required to keep under law or contract, including record-retention requirements that apply to government contractors.
13.5 Survival. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, confidentiality, warranty disclaimers, indemnity, and limitations of liability.
14. Indemnification
14.1 By you. You agree to defend, indemnify, and hold harmless TimeRewards and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all third-party claims, and related damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of: (a) your Content; (b) your or your staff’s use of the Service in breach of these Terms or applicable law; or (c) use of your account by any person, where the use results from your failure to safeguard your account credentials. This Section 14.1 does not apply to the extent a claim results from our breach of these Terms.
14.2 By us. For any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a United States patent, copyright, or trademark, or misappropriates a trade secret, we have no obligation for claims arising from: (a) your Content; (b) modifications to the Service not made by us; (c) combination of the Service with products, services, or data not provided by us, where the claim would not have arisen without that combination; (d) your continued use of the allegedly infringing feature after we notify you to stop; or (e) use of the Service in breach of these Terms.
If the Service becomes, or in our opinion is likely to become, the subject of such a claim, we may at our option: (i) obtain the right for you to continue using the Service; (ii) modify the Service so that it is no longer infringing without materially reducing its functionality; or (iii) terminate your Subscription and refund any prepaid fees for the unused portion of your Subscription. This Section 14.2 states our entire liability and your exclusive remedy for third-party infringement claims.
15. Limitation of Liability
15.1 Exclusion of indirect damages. Except for Excluded Claims (defined below), to the maximum extent permitted by law, in no event shall either party, 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, arising out of or relating to these Terms or the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not that party has 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.
15.2 General cap. Except for Data Claims and Excluded Claims, in no event shall either party’s total aggregate liability arising out of or relating to these Terms or the Service exceed the total Subscription fees paid or payable by you to us in the six (6) months immediately preceding the event giving rise to the claim.
15.3 Data and IP claims. For (a) our breach of Section 10 (Confidential Information) or Section 11 (Data Security), and (b) our obligations under Section 14.2 (together, “Data Claims”), our total aggregate liability shall not exceed total Subscription fees paid or payable by you to us in the six (6) months immediately preceding the event giving rise to the claim. This amount is in place of the cap in Section 15.2.
15.4 Excluded Claims. Sections 15.1 and 15.2 do not apply to: (a) your payment obligations under Section 3; (b) your indemnification obligations under Section 14.1; (c) your breach of Section 9 (Intellectual Property); or (d) a party’s fraud, gross negligence, or willful misconduct (together, “Excluded Claims”).
16. Disclaimer
Except as expressly stated in these Terms, your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Except as expressly stated in these Terms, TimeRewards, its subsidiaries, affiliates, and licensors do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
17. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so some of the limitations above may not apply to you.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
19. Dispute Resolution; Arbitration Agreement; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Except for disputes that qualify for small claims court or claims for injunctive relief to protect either party’s intellectual property or Confidential Information, you and TimeRewards agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration rather than in court.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, and will be conducted in Austin, Texas, or another mutually agreed location, or, at either party’s election, by videoconference. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AND TIMEREWARDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If any part of this arbitration agreement is found unenforceable, the remainder shall remain in force, except that if the class action waiver in this section is found unenforceable as to a particular claim or request for relief, that claim or request for relief (and only that claim or request) shall be severed and proceed in court, with the remainder of this arbitration agreement enforced in arbitration.
20. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice by email to the account administrator and by posting on the Service before the new Terms take effect. What constitutes a material change will be determined at our sole discretion, acting reasonably.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you may cancel your Subscription before they take effect, and you are no longer authorized to use the Service after that date.
21. General
21.1 Entire agreement. These Terms, together with the Privacy Policy and any Data Processing Agreement, constitute the entire agreement between you and TimeRewards regarding the Service, and supersede and replace any prior agreements between us regarding the Service.
21.2 Severability and waiver. If any provision of these Terms is held invalid or unenforceable by a court or arbitrator, the remaining provisions will remain in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
21.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without your consent to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you. Any other attempted assignment is void.
21.4 Force majeure. Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, pandemics, power or internet failures, or failures of third-party hosting providers.
21.5 Notices. We may send notices to the email address of your account administrator or by posting them on the Service. You may send notices to support@timerewards.com, or legal notices to TimeRewards Software, Inc., 9600 Great Hills Trail, Suite 150W, Austin, TX 78759. Notices are effective when sent, unless the sender receives notice that delivery failed.
21.6 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
21.7 Order of precedence. If you have a separate written agreement with TimeRewards covering the Service that is signed by both parties, that agreement controls where it conflicts with these Terms.
22. Acceptable Use
You will not, and will not permit your staff or anyone using your account to: (a) use the Service in violation of any applicable law or regulation; (b) upload or transmit malicious code, or interfere with or disrupt the integrity or performance of the Service; (c) attempt to gain unauthorized access to the Service, to other accounts, or to related systems or networks; (d) use the Service to send unsolicited communications; (e) access the Service by automated means, such as scraping or bulk data extraction, other than through interfaces we provide for that purpose; or (f) use the Service to store or transmit content that is unlawful, defamatory, or infringing. We may suspend access under Section 13.3 for use that violates this section.
23. Your Staff and Your Compliance Responsibilities
23.1 Staff. You are responsible for your staff’s use of the Service and their compliance with these Terms, and for adding, managing, and removing staff access.
23.2 Notices and consents. Some features collect information about your staff, such as time entries, approvals, and, where you enable them, location-based features. You are responsible for providing any notices to, and obtaining any consents from, your staff that applicable law requires for the information you collect and process through the Service.
23.3 Your compliance obligations. The Service provides tools and settings designed to help you keep accurate time and expense records, including records used for government contracts and grant-funded work. You remain responsible for your own compliance with the laws, regulations, contract terms, and award conditions that apply to you, including timekeeping, payroll, labor, and record-retention requirements. TimeRewards does not provide legal, accounting, tax, or audit advice, and does not guarantee the outcome of any audit, review, or inspection.
24. AI and Pre-Release Features
24.1 AI features. Some features of the Service use artificial intelligence to generate or suggest content, such as imported entries, text descriptions, or proposed records (“AI Output”). AI Output may be inaccurate or incomplete. You are responsible for reviewing AI Output before you rely on it, submit it, or share it. We may use third-party service providers to operate AI features, subject to Section 10.
24.2 Pre-release features. We may make features available that are identified as beta, preview, early access, or coming soon (“Pre-Release Features”). Pre-Release Features are provided “AS IS,” may be changed or discontinued at any time, and are not subject to any commitments in these Terms regarding availability or support.
25. Third-Party Integrations
The Service may connect to third-party products and services that you choose to use, such as accounting, payroll, and HR systems (“Third-Party Services”). Your use of a Third-Party Service is governed by your agreement with its provider. When you connect a Third-Party Service, you authorize us to exchange data with it as needed to provide the integration. We are not responsible for the availability, security, or operation of any Third-Party Service, or for data once it has been transferred to a Third-Party Service at your direction. If a Third-Party Service changes or stops supporting an integration, we may modify or discontinue the integration.
26. Mobile Applications
If you download the TimeRewards App from a third-party app store, such as the Apple App Store or Google Play, you also agree to comply with that store’s terms of service. These Terms are between you and TimeRewards only, not the app store provider, and TimeRewards, not the app store provider, is responsible for the TimeRewards App.
27. Feedback
If you give us suggestions, ideas, or other feedback about the Service, we may use it without restriction or obligation to you.
28. U.S. Government End Users
The Service and its documentation are commercial computer software and commercial computer software documentation, as those terms are used in FAR 12.212 and DFARS 227.7202. Any use, reproduction, release, modification, or disclosure of the Service by or for the U.S. Government is governed solely by these Terms.
29. Export Controls and Sanctions
You will comply with all applicable export control and economic sanctions laws in your use of the Service. You represent that you are not located in, and will not use the Service from, a country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.
30. Contact Us
If you have questions about these Terms, contact us at support@timerewards.com, by phone at 1-800-631-1365 (Ext 144), or by mail at TimeRewards Software, Inc., 9600 Great Hills Trail, Suite 150W, Austin, TX 78759.