Terms of Service
These Terms govern access to and use of ZoikoTime, a workforce assurance, productivity, time, activity, governance, and performance intelligence platform provided by Zoiko Tech Inc.
ZoikoTime is a platform of Zoiko Tech Inc. By accessing or using ZoikoTime, you agree to these Terms. Please read them carefully — they form a binding legal agreement.
1. Agreement Structure and Acceptance
These Terms of Service (the "Terms") govern access to and use of the ZoikoTime software platform, websites, applications, dashboards, APIs, documentation, support services, professional services, and related offerings (collectively, the "Services") provided by Zoiko Tech Inc. ("Provider," "we," "us," or "our").
By creating an account, signing an Order Form, clicking to accept these Terms, accessing the Services, or permitting any Authorized User to access the Services, Customer agrees to be bound by these Terms. If Customer does not agree, Customer must not use the Services.
The Agreement consists of these Terms, the applicable Order Form, the Data Processing Addendum, Privacy Notice, Acceptable Use Policy, AI and Automated Insights Notice, Security Measures Schedule, Sub-processor Policy, Service Level Agreement, Worker Transparency Notice, and any other incorporated schedule or order document. No purchasing terms, vendor onboarding terms, purchase order terms, or other Customer-provided terms modify the Agreement unless signed by an authorized officer of Zoiko Tech Inc.
2. Definitions
"Authorized User" means an individual employee, contractor, administrator, worker, consultant, agent, or other person authorized by Customer to access or use the Services under Customer's account.
"Customer" means the organization or person entering into the Agreement with Zoiko Tech Inc. or using the Services under an account, subscription, trial, or Order Form.
"Customer Data" means data, files, records, content, configuration, policies, worker information, time records, activity records, screenshots where enabled, usage events, work classifications, documents, and other materials submitted to or generated through the Services by Customer or Authorized Users.
"Personal Data" means information relating to an identified or identifiable natural person where such information is protected as personal information, personal data, or personally identifiable information under applicable law.
"Services" means ZoikoTime and all related websites, applications, APIs, dashboards, software, support, updates, documentation, professional services, integrations, and related offerings provided by Zoiko Tech Inc.
"Worker" means any employee, contractor, contingent worker, freelancer, agency worker, consultant, or other person whose work, time, activity, productivity, status, or related data may be processed through ZoikoTime.
3. Provider, Platform, and Entity Separation
Zoiko Tech Inc. is the provider and contracting entity for ZoikoTime unless an Order Form states otherwise. ZoikoTime is the product and platform name, not a separate contracting entity.
Zoiko Group Inc. may be referenced as the parent or group company for brand, governance, administrative, or corporate-structure purposes. No Zoiko Group Inc. entity is liable under the Agreement unless it is the named contracting party in a signed Order Form.
Customer must not represent that it has any partnership, agency, employment, joint venture, reseller, or representative relationship with Zoiko Tech Inc., ZoikoTime, or Zoiko Group Inc. unless expressly agreed in a signed written agreement.
4. Eligibility, Authority, and Account Registration
The Services are intended for business and professional use. Users must be at least 18 years old and legally able to enter into binding obligations in their jurisdiction.
Customer must provide accurate registration, billing, administrator, and account information and keep that information current. Customer is responsible for all activity under its account, including activity by Authorized Users, integration services, API keys, and automated scripts.
Zoiko Tech Inc. may require verification of Customer identity, administrator authority, payment information, domain ownership, workspace legitimacy, or other account details before activating or continuing the Services.
5. Account Administration and Authorized Users
Customer controls its workspace, account configuration, Authorized Users, roles, permissions, worker groups, policies, integrations, retention settings, reporting access, and administrative actions except as limited by these Terms or applicable law.
Each Authorized User account must be assigned to a named individual. Shared accounts, generic logins, credential pooling, credential resale, and account masking are prohibited unless expressly enabled by Zoiko Tech Inc. in writing for a specified technical purpose.
Customer is responsible for provisioning and deprovisioning Authorized Users, maintaining accurate user records, applying least-privilege access, reviewing administrator access, and promptly disabling or revoking accounts for terminated users or users who no longer require access.
6. License and Right to Use the Services
Subject to Customer's compliance with these Terms, timely payment of applicable fees, and the terms of any applicable Order Form, Zoiko Tech Inc. grants Customer a limited, non-exclusive, non- transferable, revocable license to access and use the Services during the Subscription Term solely for Customer's internal business operations, workforce management, and the purposes described in the applicable Order Form.
This license does not include any right to sublicense, resell, distribute, publish, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Services. All rights not expressly granted are reserved by Zoiko Tech Inc.
7. Restrictions and Prohibited Conduct
Customer and Authorized Users must not use the Services for any unlawful, unauthorized, harmful, or prohibited purpose. Key restrictions include:
- Circumventing security, authentication, or access controls
- Uploading malware, harmful code, or unauthorized automated scripts
- Using the Services for covert monitoring where notice or consent is legally required
- Reverse engineering, decompiling, or extracting proprietary code or model logic
- Using outputs as the sole basis for adverse employment action without human review
- Violating any applicable law, labor obligation, or data protection requirement
- Using the Services to build a competing product or service without written authorization
8. Customer Responsibilities for Workforce Deployment
Customers are responsible for deciding whether and how to deploy ZoikoTime in their workplaces. This includes providing legally required worker notices, establishing a lawful basis for processing, completing works council or union consultation where required, configuring settings appropriately, and ensuring compliance with all applicable employment, labor, privacy, and data protection laws.
ZoikoTime provides decision-support outputs and operational insights. Customers must not use ZoikoTime as the sole basis for employment, disciplinary, compensation, termination, promotion, legal, or similarly significant decisions without appropriate human review and applicable due process.
9. Worker Transparency, Monitoring Configuration, and Legal Compliance
Before enabling monitoring-related features including activity tracking, screenshots, idle detection, AI-assisted insights, or location-related signals, Customer must provide affected workers with clear, lawful, and adequate notices describing the nature, purpose, scope, retention, and access rights relating to the processing.
Customer must configure ZoikoTime so that data collection is necessary and proportionate to the disclosed legitimate purpose. Customers must complete all required works council approvals, union consultations, collective bargaining processes, or regulator consultations before deploying relevant features.
10. Artificial Intelligence, Automated Insights, and Decision-Support Limits
ZoikoTime may include AI-assisted features, anomaly detection, confidence scoring, and automated insights. These are decision-support tools designed to assist human review — they must not replace legally required managerial judgment or required legal processes.
ZoikoTime AI outputs must not be used as the sole basis for any adverse employment action, disciplinary decision, termination, compensation reduction, or other legally significant determination.
Customer is responsible for providing meaningful human review, evaluating context, and maintaining records where required. Zoiko Tech Inc. does not use identifiable Customer Data to train general AI models for other customers unless expressly agreed in a signed written instrument.
11. Customer Data Ownership and Usage Rights
Customer Data remains owned by the Customer. Zoiko Tech Inc. uses Customer Data only to provide, secure, maintain, support, and improve the Services as permitted by these Terms, the Order Form, and applicable law — and as described in the Data Processing Addendum.
Customer grants Zoiko Tech Inc. a limited, non-exclusive license to process Customer Data as necessary to provide the Services, maintain security, resolve support issues, comply with legal obligations, and as otherwise permitted by the Agreement. This license does not give Zoiko Tech Inc. ownership of Customer Data or the right to exploit it for unrelated commercial purposes.
14. Security, Confidentiality, and Access Controls
Zoiko Tech Inc. will implement and maintain commercially reasonable administrative, technical, and organizational security measures as described in the Security Measures Schedule. Customer is responsible for its own account security, including safeguarding credentials, provisioning access appropriately, and promptly reporting any suspected compromise or unauthorized access.
Each party agrees to maintain the confidentiality of the other party's confidential information and to use it only for purposes permitted under the Agreement. Confidentiality obligations survive termination for a period of five years unless the information constitutes a trade secret, in which case obligations survive indefinitely.
21. Term and Termination
These Terms remain in effect until the end of the applicable Subscription Term or, for free services, until terminated by either party. Either party may terminate for material breach if the breach remains uncured 30 days after written notice. Zoiko Tech Inc. may suspend or terminate access immediately where required for security, legal compliance, or severe policy violations.
Upon termination, Customer's access will cease. Customer Data may be available for export during any applicable post-termination retrieval period and will thereafter be deleted in accordance with the Data Retention, Deletion and Legal Hold Policy.
26. Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN ORDER FORM, ZOIKO TECH INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, OR ACCURACY.
27. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded by law.
35. Governing Law, Venue, and Dispute Resolution
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of- law principles. For Customers domiciled in the United Kingdom or European Economic Area, the laws of England and Wales apply to the extent required by applicable mandatory law.
The parties agree to attempt to resolve any dispute by good-faith negotiation before commencing formal proceedings. If negotiation fails, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief from a court of competent jurisdiction.
Contact ZoikoTime
For questions about this document or your legal rights:
- Email: sales@zoikotime.com
- Tel: 1-631-833-9395
- Toll-free: 1-800-484-5574