Terms and Conditions
These terms are an agreement between you and [CONFIRM: full legal entity name] ("Performance Pay Pro", "we", "us"). By creating an account or using the service, you accept them. If you are agreeing on behalf of a company, you confirm you are authorized to bind it.
1. What the service is, and is not
Performance Pay Pro is software for building weighted employee scorecards, scoring work periods, and calculating a suggested performance bonus.
Performance Pay Pro is not a payroll system. We do not pay wages, withhold or file taxes, transfer funds, or act as an employer of record. The amounts the software calculates are suggestions for you to review. You are solely responsible for what you actually pay your employees and for complying with all wage, hour, tax, and employment laws that apply to you. Nothing in the software is legal, tax, or accounting advice.
2. Your account
You must give accurate registration information and keep your password confidential. You are responsible for everything done under your account. Tell us immediately at [CONFIRM: support contact email] if you suspect unauthorized access.
3. Subscription, billing, and cancellation
- The subscription costs $49.95 per month [CONFIRM: currency, and whether tax is added at checkout].
- There is no contract or minimum term. The subscription renews automatically each month until you cancel.
- You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Payments are processed by Stripe. By subscribing you also accept Stripe's terms.
- [CONFIRM: refund policy. Whether fees are non-refundable, or whether partial-month refunds are given].
- We may change the price. We will give you at least [CONFIRM: notice period, commonly 30 days] notice by email before a change affects you, and you may cancel before it takes effect.
- [CONFIRM: whether a free trial or demo account exists, its length, and what happens to data at the end of it].
4. Your data and your employees
You keep all rights to the information you put into the service. You grant us the limited licence needed to host, process, and display it so we can operate the service for you.
You are responsible for the employee information you enter. You confirm that you have the right to enter it, and that you have told your employees their performance is recorded in a third-party system where the law requires you to. Do not upload Social Security numbers, government identification numbers, bank account details, or health information.
Our handling of personal information is described in our Privacy Policy.
5. Acceptable use
You agree not to:
- Break the law, or use the service to discriminate unlawfully against an employee.
- Attempt to access another customer's data, or probe, scan, or breach our security.
- Reverse engineer, resell, or copy the service.
- Upload malicious code, or content you have no right to upload.
- Overload the service with automated requests.
6. Availability
We aim to keep the service available, but we do not promise it will be uninterrupted or error free. We may take it down for maintenance. [CONFIRM: whether you offer any uptime commitment or service credits].
7. Suspension and termination
You may stop using the service at any time by cancelling. We may suspend or terminate your account if you materially breach these terms, if your payment fails, or if we are required to by law. We will give you reasonable notice where we can.
After termination you may request an export of your data within [CONFIRM: export window after termination], after which it may be deleted.
8. Disclaimers
The service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that any bonus figure the software calculates is correct, lawful, or appropriate for your business.
9. Limitation of liability
To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of your use of the service. Our total liability for any claim is limited to the amount you paid us in the [CONFIRM: liability cap period, commonly the 12 months] before the claim arose.
Some jurisdictions do not allow these limits, in which case they apply to the maximum extent permitted.
10. Indemnity
You will defend and indemnify us against claims arising from the information you enter into the service, from your employment decisions, or from your breach of these terms.
11. Changes to these terms
We may update these terms. If a change is material we will notify you by email before it takes effect. Continuing to use the service after that means you accept the change.
12. Governing law and disputes
These terms are governed by the laws of [CONFIRM: governing state or country], without regard to conflict of law rules. Disputes will be resolved in the courts of [CONFIRM: venue]. [CONFIRM: whether you want binding arbitration and a class action waiver. This is a significant choice and needs a lawyer].
13. Contact
Questions about these terms: [CONFIRM: support contact email].