TERMS OF SERVICE

These Terms of Service (“Terms”) constitute a binding agreement between the Customer and Fareclock and are intended to establish the rights, responsibilities, and obligations of the parties with respect to the access to and use of the Services, software, and websites provided by Fareclock, LLC. (“Fareclock,” “we,” “us,” or “our”) to any individual or entity (“Customer,” “you,” or “your”).

The use of Fareclock involves the collection and process of personal information. Such processing is governed by Fareclock’s Privacy Policy and any applicable data protection terms referenced in these Terms.

1. Definitions

For the purpose of these Terms of Service:

“Customer” means the individual or legal entity that registers for, accesses, or uses the Services of Fareclock.

“Fareclock” means Fareclock, LLC., the Fareclock software platform, and its other related Services provided to the Customer.

“Personal Data” means the information that identifies, relates to, or can reasonably be linked to an identifiable individual, as processed through the Fareclock Services.

“Administrator” means a user account authorized by the Customer or Super Administrator to manage users, assign roles, access reports, and configure system settings, subject to assigned permissions.

“Services” means the software, features, support, and other related services provided by Fareclock under these Terms.

2. Acceptance of Terms and Modifications

2.1. Fareclock provides its Services through its organization console located at https://console.fareclock.com/ that is subject to these Terms.

By accessing or using the Fareclock console and its Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms, policies, or agreements referenced herein. If you are using the Services on behalf of an organization or other legal entity, then you represent and warrant that you have the authority to bind that organization and its affiliates to these Terms.

If you do not have such authority, or if you do not agree to these Terms, you must not access or use Fareclock and its provided Services.

2.2. Fareclock reserves the right to modify these Terms at any time. The most current version of the Terms is available at the Fareclock Trust Center.

2.3 Any changes to these Terms will become effective upon posting. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to any modification, your sole remedy is to discontinue use of the Services.

3. Description of Services

Fareclock provides a cloud-based workforce management platform that includes time and attendance tracking, scheduling, payroll support, and related human resources tools. The Services are made available through Fareclock’s organization console located at https://console.fareclock.com/, Fareclock mobile application that is available on iOS and Android, and any application programming interfaces (“APIs”) made available by Fareclock.

The Services include access (a) to the Fareclock console, (b) the on-demand Fareclock® software platform and related tools, features, and services, (c) all software, data, text, images, audio, video, documentation, and other content made available through the console, application, or APIs.

Any new features, enhancements, or functionality added to the Services are subject to these Terms.

4. General Conditions

4.1. The Services are intended for use by businesses and their authorized personnel. Accounts may be created only by individuals who are at least eighteen (18) years old and who have the authority to act on behalf of the organization they represent.

4.2. All information provided during account registration must be accurate, current, and complete. Customers are responsible for keeping account information up to date.

4.3. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit the Services for third parties, except as expressly permitted.

4.4. You shall not use the Services to process data on behalf of any third party.

4.5. You shall not use the Services unlawfully or in any way that interferes with the integrity, security, or performance of the Services.

4.6. You are responsible for maintaining the confidentiality of all login credentials associated with user accounts and for all activities that occur under those accounts. Each login credential may be used only by a single individual; sharing credentials is strictly prohibited.

4.7. Customers must promptly notify Fareclock of any suspected or unauthorized access to or use of the Services. Fareclock is not responsible for losses resulting from unauthorized use where the Customer failed to safeguard credentials.

4.8. Administrators are responsible for (a) creating, managing, and removing employee user accounts, (b) assigning appropriate roles and permissions, (c) configuring privacy, security, and location settings, and (d) ensuring lawful use of the Services in compliance with employment, privacy, and labor laws.

4.9. Authorized users are responsible for (a) using clock-in and clock-out features lawfully and accurately, (b) refraining from attempting to bypass security, verification, or accuracy controls, (c) using the Services only as authorized by their employer.

4.10. Fareclock may access accounts and data as reasonably necessary to provide technical support, maintain its Services, and respond to Customer requests. All such access is subject to Fareclock’s administrative, physical, and technical safeguards.

5. Data Privacy and Security

The collection, use, storage, and processing of Customer data through the Services are governed by Fareclock’s Privacy Policy and any applicable Data Processing Addendum (DPA). By using the Services of Fareclock, you acknowledge and agree to the terms of the Privacy Policy and DPA.

6. Trademarks

FARECLOCK® and all other logos, service marks, and trademarks displayed on or used in connection with the Services are the exclusive property of Fareclock. You may use these trademarks or logos only to identify yourself as a Customer or an authorized user of Fareclock products and Services, and only in a manner that does not suggest ownership, endorsement, or affiliation beyond that relationship.

You may not incorporate, modify, or claim ownership of any Fareclock trademarks, logos, or branding in your own name, products, services, or materials.

7. Intellectual Property and Restrictions

All rights, title, and interest in the Fareclock Services, including software, technology, and documentation, remain with Fareclock. Customers may not modify, adapt, reverse engineer, or attempt to gain unauthorized access to the Services, or falsely imply any sponsorship or association with Fareclock.

8. Service Operation and Limitations

The technical processing and transmission of the Services, including Customer data, may involve (a) transmissions over various networks, (b) adaptations to conform to technical requirements of connecting networks or devices, and (c) transmission to Fareclock’s third-party hosting and service providers necessary to operate and maintain the Services. Fareclock will use reasonable efforts to publish and announce planned downtime or Service interruptions via the console, the Fareclock mobile application, or other modes of communication.

9. Payments and Billing

9.1. The Services are offered on a pay-as-you-go basis, billed at the start of your chosen subscription term (generally monthly or annually). Fareclock provides a free trial. If you do not upgrade during your free trial period to a paid plan, your account will be suspended. It can only be reactivated by submitting valid payment information. Once credit card details are provided, your subscription will start immediately and billing will commence promptly.

9.2. If you upgrade your plan or add additional resources during your subscription term, any incremental cost will be prorated over the remainder of the subscription period and billed to your account.

9.3. For monthly billing cycles, prorated charges or credits may not appear immediately, but the new rate will be reflected on the next monthly invoice.

9.4. There are no refunds for partial months, downgrades, or unused time if you close your account before the end of the subscription term. Downgrading your plan may result in the loss of features, content, or capacity; Fareclock is not liable for such loss. We generally will apply a prorated credit for downgrades to a credit balance that can be used for future subscription payments.

9.5. Fareclock may adjust pricing for plans and services at any time upon renewal or change to a subscription.

9.6. Enterprise Subscription Agreements (ESA) are available to Customers with 500 or more employees. ESA pricing allows Customers to select a plan that best fits their business needs. The minimum ESA term is twelve months, billed in advance.

9.7. The account owner will receive an email receipt for each credit card charge. Receipts are also accessible within the console.

9.8. Fareclock provides tools for the account owner to update or change credit card information (e.g., upon card renewal). Payment processing is handled by a third-party intermediary, which is permitted to use your billing information only for processing payments on Fareclock’s behalf.

9.9. A seven (7) day grace period applies after the due date if account renewal fails due to issues such as credit card payment failures.

10. Cancellation and Termination

10.1. You are responsible for properly canceling your account. The account owner (as defined during sign-up) may cancel the account at any time by navigating to Settings → Billing within the Services. No other method of cancellation is supported.

10.2. If you cancel before the end of your paid subscription term, your cancellation will take effect at the end of the current billing period, and you will not be charged again. 

10.3. Upon cancellation, your account will be closed and deactivated. Fareclock will delete your data 30 days after account cancellation. You will lose access to content stored in the Service, and this content cannot be recovered once deleted.

10.4. Fareclock reserves the right to (a) modify, suspend, or discontinue the Service (or any part thereof), temporarily or permanently, (b) refuse, suspend, or terminate any current or future use of the Service, including the removal of any content stored in the Service, for any reason, including suspected violation of these Terms.

10.5. Fareclock will use reasonable efforts to notify you by email prior to suspension or termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

10.6. Fareclock shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10.7. Upon cancellation or termination of the Service, all obligations regarding the confidentiality, security, and proper deletion or return of personal data will survive. The obligations in accordance with the Data Processing Addendum will continue until all personal data has been securely deleted or returned.

11. Disclaimer of Warranties

Fareclock, its Services, and all server and network components, are provided on an “as is” and “as available” basis, without any warranties of any kind, to the fullest extent permitted by law. Fareclock expressly disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

You acknowledge that Fareclock does not warrant that the Service will be uninterrupted, timely, secure, error-free, or virus-free, and no information or advice obtained by you from Fareclock or through the Service shall create any warranty not expressly stated in these Terms of Service.

12. Limitation of Liability

12.1. Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Fareclock be liable to you or any third party for any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, lost sales or business, lost data, or business interruption.

12.2. Fareclock shall not be liable for any direct damages, costs, losses, or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages. The provisions of this section allocate the risks under these Terms of Service between the parties, and the parties have relied on these limitations in deciding whether to enter into this agreement.

12.3. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Fareclock’s liability will be limited to the greatest extent permitted by law.

12.4. The Customer agrees to indemnify, defend, and hold harmless Fareclock, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: Your or your users’ misuse of the Services; Any violation of these Terms of Service or applicable law; Any disputes or claims brought by employees or other third parties related to your use of the Services.

13. Assignment

Fareclock may assign or transfer this Terms of Service (TOS), in whole or in part, without restriction.

14. Export Compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

15. Governing Law

These TOS shall be governed by the laws of the State of Maryland without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Maryland for the purpose of resolving any dispute relating to Your access to or use of the Service.

16. Force Majeure

16.1. Fareclock shall not be liable or responsible for any failure or delay in providing the Services, or for any damages or losses resulting therefrom, due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, cyberattacks, labor disputes, supply chain failures, or other extraordinary events (“Force Majeure Events”).

16.2. During a Force Majeure Event, Fareclock may temporarily suspend or limit the Services as reasonably necessary. Customers acknowledge that such events are outside Fareclock’s control and agree that Fareclock is not liable for any resulting service interruption, loss, or delay.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or the handling of your data, please contact us:

Fareclock, LLC
Email: privacy@fareclock.com

Thank you for using Fareclock. Your continued use of the Services constitutes your acceptance of these Terms.