Important Agreement
By accessing or using Phino ATS, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access our services.
1 Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Phino ATS, Inc. ("Phino ATS," "we," "us," or "our") governing your use of our biometric attendance tracking system and related services.
By using our services, you confirm that:
- You are at least 18 years old or have reached the age of majority in your jurisdiction
- You have the authority to enter into this agreement on behalf of your organization
- You have read, understood, and agree to comply with these Terms
- You agree to our Privacy Policy and data collection practices
2 Description of Services
Phino ATS provides a cloud-based biometric attendance tracking platform with the following features:
Biometric Tracking
Facial recognition and fingerprint-based employee identification and attendance recording
Multi-Tenant Support
Isolated environments for multiple organizations with role-based access control
Reporting & Analytics
Real-time dashboards, attendance reports, and workforce analytics
Device Integration
Integration with Secureye S-AIF600 and compatible biometric devices
Service Availability
While we strive for 99.9% uptime, we do not guarantee uninterrupted service. We reserve the right to modify, suspend, or discontinue features with reasonable notice.
3 User Accounts & Registration
Account Creation
To use Phino ATS, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Notify us immediately of any unauthorized access or security breaches
- Be responsible for all activities under your account
Tenant Administrator Responsibilities
As a tenant administrator, you are responsible for:
User Management
Managing employee accounts, roles, and permissions within your tenant
Compliance
Ensuring compliance with biometric consent requirements and local labor laws
Data Accuracy
Maintaining accurate employee data and attendance configurations
Device Security
Securing and properly configuring all connected biometric devices
4 Payment & Billing
Subscription Plans
Phino ATS offers various subscription tiers. By subscribing, you agree to:
Payment Authorization
Authorize recurring charges to your payment method for the selected plan
Auto-Renewal
Subscriptions automatically renew unless cancelled before the renewal date
Price Changes
We may adjust pricing with 30 days' notice to existing customers
Taxes
Prices exclude applicable sales, use, or value-added taxes
Refund Policy
14-Day Money Back
New customers can request a full refund within 14 days of initial purchase
No Pro-Rated Refunds
Cancellations during a billing cycle are not eligible for pro-rated refunds
Service Until End of Period
After cancellation, you retain access until the end of your paid billing period
Payment Failure
If payment fails, your account may be suspended or downgraded. We'll attempt to collect payment for 15 days before suspension. Outstanding balances must be paid to reactivate services.
5 Acceptable Use Policy
Prohibited Activities
You agree NOT to use our services to:
Biometric Data Obligations
You specifically agree to:
- Obtain written consent from employees before collecting biometric data
- Provide clear privacy notices explaining biometric data usage
- Comply with applicable biometric privacy laws (BIPA, CCPA, GDPR, etc.)
- Honor employee requests for biometric data deletion
- Not use biometric data for discriminatory purposes
6 Intellectual Property Rights
Our Ownership
Phino ATS and its original content, features, and functionality are owned by Phino ATS, Inc. and protected by:
Copyright
All software, code, and content
Trademarks
Brand names, logos, and marks
Patents
Technology and processes
Trade Secrets
Proprietary algorithms and methods
Your Data Rights
You retain all rights to your data. By using our services, you grant us:
Limited License
A non-exclusive, worldwide license to use, store, and process your data solely to provide services
No Ownership Transfer
We do not claim ownership of any content, data, or information you upload
Right to Export
You may export your data at any time in standard formats
7 Warranties & Disclaimers
Our Commitments
- We will provide services with reasonable care and skill
- We will maintain industry-standard security measures
- We will comply with applicable data protection laws
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING:
8 Limitation of Liability
IMPORTANT LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHINO ATS SHALL NOT BE LIABLE FOR:
Indirect or Consequential Damages
Lost profits, business interruption, data loss, or reputational harm
Third-Party Actions
Actions or omissions of third parties, including device manufacturers
Force Majeure Events
Events beyond our reasonable control (natural disasters, pandemics, cyber attacks)
Your Violations
Damages arising from your breach of these Terms or misuse of services
Liability Cap
Our total liability for any claims arising from your use of services shall not exceed the amount you paid us in the 12 months preceding the claim, or $1,000, whichever is greater.
9 Indemnification
You agree to indemnify, defend, and hold harmless Phino ATS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
10 Termination
Your Right to Terminate
You may terminate your account at any time by:
- Cancelling your subscription in the account settings
- Contacting our support team at support@phinoats.com
Our Right to Terminate
We may suspend or terminate your account immediately if:
Terms Violation
You breach these Terms of Service
Payment Failure
Payment is overdue for 15+ days
Illegal Activity
We suspect fraudulent or illegal use
Security Risk
Your account poses a security threat
Effect of Termination
Upon termination:
- • Your access to the platform will be immediately revoked
- • We will retain your data for 30 days for recovery purposes
- • After 30 days, your data will be permanently deleted per our retention policy
- • You may request immediate data export before termination
- • Outstanding payments remain due
11 Dispute Resolution
Informal Resolution
Before filing a claim, you agree to contact us at legal@phinoats.com to attempt to resolve the dispute informally. We commit to working in good faith to reach a resolution within 60 days.
Arbitration Agreement
If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except:
- Small claims court actions (under $10,000)
- Intellectual property disputes
- Requests for injunctive relief
Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding.
Class Action Waiver
You agree to bring claims only in your individual capacity and not as part of any class or representative action. Class arbitrations and class actions are not permitted.
12 Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Venue
Any legal action must be brought in San Francisco County, California
Applicable Law
California state law and applicable federal law
13 Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes:
Advance Notice
We will notify you at least 30 days before changes take effect
Email Notification
Changes will be sent to your registered email address
Dashboard Notice
Prominent notice will appear in your dashboard
Your continued use of services after changes take effect constitutes acceptance. If you disagree with the new Terms, you must discontinue use and may terminate your account.
14 General Provisions
Assignment
You may not assign these Terms without our consent. We may assign our rights to any affiliate or successor
Third-Party Beneficiaries
No third party has any rights to enforce any provision of these Terms
Survival
Provisions that by nature should survive termination will remain in effect (payment, liability, indemnification)
15 Contact Us
If you have questions about these Terms of Service, please contact us:
Legal Department
legal@phinoats.com
+1 (555) 123-4567
Mailing Address
Phino ATS, Inc.
Attn: Legal Department
123 Tech Boulevard, Suite 400
San Francisco, CA 94105
United States
Customer Support
For non-legal questions about using Phino ATS:
Acknowledgment
By using Phino ATS, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you do not agree to these Terms, please do not use our services.
Last Updated: October 31, 2025 | Version 2.1