Welcome to Buddy Punch. These Terms of Service, also referred to as the “Terms of Use” or simply the “Terms,” form a legally binding agreement between you (the “Customer,” “You,” or “Your”) and Buddy Punch Inc., a Delaware limited liability company (referred to as “Buddy Punch,” “we,” “us,” or the “Company”). By using our platform, you acknowledge and accept these Terms, along with any related documents incorporated by reference. If you do not accept these Terms, you are not authorized to use our services.
1. Service Overview
(a) Access and Updates:
Buddy Punch provides cloud-based time tracking software (the “Service”) that facilitates the submission, processing, and retrieval of transaction data (referred to as “Customer Data”). We reserve the right to update, change, or discontinue any features or functionality of the Service at any time. Any changes to the Terms or Services will take effect immediately upon posting. Continued use of the Service indicates your acceptance of these changes.
(b) Compliance Responsibility:
You are solely responsible for ensuring that your use of the Service, including actions by your employees, agents, or any third parties you authorize, complies with these Terms.
2. Pricing, Payments, and Refund Policy
(a) Subscription Fees:
All fees are listed on the official Buddy Punch website. We may revise our pricing structure with at least 30 days' notice, either by email or by posting updates online. Your subscription fees will be automatically billed to the credit card on file.
(b) Billing Schedule and Refunds:
Service fees are billed in advance, on a monthly or annual basis depending on the chosen plan. All payments are non-refundable. No refunds or credits are issued for partial months, upgrades, downgrades, or unused time. Annual subscriptions cannot be downgraded mid-term.
(c) Taxes and Additional Charges:
Prices exclude any applicable taxes or levies. You are responsible for paying all related taxes and government-imposed charges.
(d) Payment Information:
You must keep your payment details accurate and up to date. In the event of a failed transaction or expired card, you will be notified and must resolve the issue within 30 days. We reserve the right to charge late fees or collection costs for unpaid balances.
3. Service Use Restrictions and Software Limitations
(a) Intellectual Property Rights:
All software used within the Service remains the exclusive property of Buddy Punch. You may not reverse-engineer, copy, modify, sublicense, or otherwise tamper with the platform or its underlying code.
(b) Data Storage Limitations:
The Service is not designed for permanent data storage or mission-critical data management. You should not use Buddy Punch for backup or archiving sensitive or essential information.
(c) Beta Features Disclaimer:
We occasionally release beta features for early access. These features are experimental and may be incomplete or unstable. You use beta functionalities at your own risk, and they are subject to the same general Terms.
(d) Prohibited Uses:
You agree not to use the Service for any of the following:
Violating intellectual property rights or privacy laws
Posting defamatory or illegal content
Spreading malware, viruses, or other harmful software
Engaging in unauthorized marketing or spam activities
Operating in high-risk environments involving life safety or critical infrastructure
Buddy Punch retains the right to suspend or terminate access for any misuse of the platform.
4. Use of Third-Party Providers
Buddy Punch integrates with services offered by third-party providers. By using our Service, you agree to be bound by the terms and conditions of these third-party providers. Buddy Punch is not responsible for any content, availability, or performance of these services. Your relationship with such providers is separate and subject to their individual agreements.
Third-Party Example: Check Technologies, Inc. is a third-party payroll service provider integrated with Buddy Punch. Use of Check's services is subject to their specific terms.
5. Privacy, Security, and Data Access
(a) Security Alerts:
Both Parties agree to notify each other immediately if unauthorized access or data breaches occur. While we take reasonable security precautions, Buddy Punch is not liable for damages resulting from breaches beyond our control.
(b) Monitoring Rights:
Although we are not obligated to monitor user content, we may review activity to ensure compliance with laws or internal policies. We reserve the right to remove any inappropriate or non-compliant content.
(c) Content Restrictions:
You may not use the Service to transmit or store unlawful, obscene, or defamatory material.
(d) Account Confidentiality:
You must safeguard login credentials and report any suspected unauthorized use of your account. Maintaining secure and confidential account information is your responsibility.
(e) Privacy Compliance:
By accepting these Terms, you also agree to the practices outlined in our Privacy Policy regarding data collection, usage, and sharing.
6. Representations and Legal Compliance
(a) Authority to Agree:
Both Buddy Punch and the Customer affirm that they are legally authorized to enter this agreement and that doing so does not conflict with any other legal obligations.
(b) Legal Compliance:
You agree to comply with all applicable local, state, and federal laws in connection with your use of the Service.
(c) Data Responsibility:
You are fully responsible for the data you input into the platform and warrant that you hold all necessary rights and permissions to use and manage such data through our Service.