Terms and Conditions
Last updated: September 22, 2023
These Terms of Service (“Terms”) constitute a legally binding agreement between the company (“Company,” “we,” “us,” or “our”) and the users (“User,” “you,” or “your”) of the Pt-vity mobile application (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
1. Privacy Policy
Your use of the App is also governed by our Privacy Policy, which can be found under App settings. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
2. User Accounts
2.1 Registration: To use certain features of the App, you may be required to register for an account. You agree to provide accurate and complete information during the registration process.
2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access or use of your account.
3. App Usage and Compliance with Fair Labor Standards Act (FLSA)
3.1 Purpose: The App is intended to provide expected work shift times in order to maintain a desired productivity. These times are guidelines only and shall not take precedence over any applicable laws and regulations.
3.2 User Responsibilities and FLSA Compliance: You agree to use the App in compliance with all applicable laws and regulations, including the Fair Labor Standards Act (FLSA). Under the FLSA, it is prohibited to work “off the clock” before clocking in or after clocking out. You are expressly prohibited from performing any work-related tasks before officially clocking in or after clocking out using the App’s time-tracking features.
3.3 Clock-In and Clock-Out: You must accurately record your work hours using the App’s time-tracking features. Any work performed outside of these recorded hours may result in violations of labor laws and company policies.
3.4 User Obligations: You further agree not to engage in any activity that may:
- Violate these Terms or the FLSA.
- Infringe upon the rights of others.
- Harm, harass, or threaten other users.
- Interfere with the operation of the App.
3.5 Non-Liability for Labor Law Compliance: The Company does not assume any responsibility for ensuring your compliance with the FLSA or any other labor laws. It is your responsibility to accurately record your work hours and adhere to all applicable labor regulations.
By using the App, you acknowledge your understanding of the FLSA and your obligation to comply with it while using the App’s time-tracking features.
4. Payment and Fees (if applicable)
If the App requires payment or subscription fees, you will be informed of the pricing and billing terms before making a purchase. All fees are non-refundable unless otherwise stated in our refund policy, if applicable.
5. User Content
5.1 User-Generated Content: If you submit any content to the App, including reviews, comments, or other materials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such content for the purpose of operating and improving the App.
5.2 Content Moderation: We reserve the right to moderate and remove user-generated content that violates these Terms or is otherwise objectionable.
6. Intellectual Property
Ownership: The App and its content are owned by the Company and are protected by intellectual property laws. You agree not to use or reproduce any of our intellectual property without our prior written consent.
7. Prohibited Activities
While using the App, you agree not to:
- Engage in any unlawful or fraudulent activities.
- Attempt to interfere with or disrupt the App’s security, functionality, or availability.
- Use the App for any commercial purposes without our express consent.
- Share false or misleading information through the App.
- Impersonate another person or entity.
8. Termination
We may, at our sole discretion, terminate your access to the App for any reason, including if you violate these Terms. You may terminate your account (if applicable) at any time by contacting us via App settings.
9. Disclaimers and Warranties
9.1 Disclaimer of Warranties: The App is provided “as is” and “as available” without any warranties of any kind, whether express or implied. We make no representations or warranties regarding the accuracy, completeness, or reliability of the App.
9.2 Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App, (ii) any unauthorized access to or use of our servers and/or any personal information stored therein, (iii) any errors or omissions in any content, or (iv) any other matter relating to the App.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your use of the App, any violation of these Terms, or any third-party claims arising from your use of the App.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.
12. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective upon posting the revised Terms on the App. Your continued use of the App after such modifications constitutes your acceptance of the updated Terms.
13. Contact Information
If you have any questions or concerns regarding these Terms, please contact us via the link in App settings.
14. Entire Agreement
These Terms constitute the entire agreement between you and the Company and supersede any prior agreements or understandings, whether oral or written.
15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect.
16. Waiver
A failure to enforce any part of these Terms does not waive our right to enforce it in the future.
17. Legal Notices
Additional legal notices required by applicable laws or regulations will be provided as necessary.
By using the App, you acknowledge that you have read, understood, and agreed to these Terms of Service.