WeERM Terms and Conditions

1. Definitions

“Company” means the employer or organization that subscribes to the Service. “Administrator” means a user authorized to manage a Company’s account. “Employee” or “User” means an individual who accesses the Service under a Company, including administrators, HR, managers, and team members. “Customer Data” means data submitted to or generated in the Service by or on behalf of a Company, including employee records, time entries, location readings, leave requests, payroll inputs, messages, and uploaded documents.

2. The Service

WeERM is a human-resources and workforce-management platform for small businesses. The Service may include, among other features: geofenced clock-in/clock-out and break tracking; leave requests and manager approval routing; a team leave calendar; an informational payroll summary; in-app HR messaging (“Ask HR”); direct, team, and project chat; a company policy library; and administrative dashboards and reports. We may add, change, or remove features over time. Some features depend on your subscription plan or your Company’s configuration.

3. Accounts, Roles, and Eligibility

You must be at least 16 years old and able to form a binding contract to use the Service. Administrators create a Company account and invite Employees. Employees access the Service only within their Company and according to the role and scope assigned to them. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for all activity under your account. Notify us promptly of any unauthorized use. Each Company is responsible for the acts and omissions of its Administrators and Employees.

4. Subscriptions, Fees, and Free Trial

Paid plans are billed on a per-seat, monthly basis through our payment processor (Stripe). New Companies may receive a free trial; a payment method may be required before adding paid employees, and the trial converts to a paid subscription unless cancelled. Fees are stated in U.S. dollars and the Service is offered in the United States. Subscriptions renew automatically until cancelled. You may cancel or close your account at any time, effective at the end of the current billing cycle; except where required by law, fees already paid are non-refundable. We may change pricing on prospective notice.

5. Acceptable Use

You agree not to, and not to permit others to:

• use the Service in violation of any applicable law or third-party right;
• upload unlawful, infringing, harassing, or harmful content, or use chat or messaging to abuse, threaten, or harass others;
• reverse engineer, decompile, scrape, or attempt to derive source code, except to the extent permitted by law;
• probe, circumvent, or interfere with the Service’s security, multi-tenant isolation, or rate limits, or access data that is not yours;
• resell, sublicense, or use the Service to build a competing product, or use automated means to access it except through interfaces we provide.

We may investigate suspected violations and may suspend or remove content or access to protect the Service or its users.

6. Customer Data and Employer Responsibilities

As between the parties, the Company owns its Customer Data. The Company grants us a limited license to host, process, and display Customer Data solely to provide and support the Service. The Company is responsible for collecting its Employees’ data lawfully, providing any legally required notices, obtaining any required consents (including for location capture and electronic communications), and configuring the Service consistent with applicable employment, wage-and-hour, and privacy laws. With respect to Employee data, the Company acts as the data controller and Mutor Biz acts as a processor on the Company’s behalf, as further described in our Privacy Policy.

7. Location and Time Tracking

Where a Company enables geofenced time tracking, the mobile app captures a device location reading only at the moment an Employee taps Start Work, End Work, Break Start, or Break End. WeERM does not track location continuously or in the background. Each Company configures its worksite locations and geofence radius and is responsible for informing Employees and obtaining any required consent. Location and time data are estimates that may be affected by device, network, or GPS conditions; the Company is responsible for reviewing and correcting time records used for any pay or compliance purpose.

8. Payroll Summaries Are Informational

Any payroll preview, summary, overtime/double-time calculation, exempt-salary figure, or compliance flag in the Service is provided for convenience and is informational only. Payroll summaries in WeERM must be reviewed by the employer or its payroll provider before payment and do not constitute payroll, tax, accounting, or legal advice. Mutor Biz is not your payroll provider and is not responsible for amounts paid or withheld. You are solely responsible for compliance with wage-and-hour, tax, and employment laws.

9. Intellectual Property

The Service, including its software, design, and trademarks, is owned by Mutor Biz and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. We reserve all rights not expressly granted. Feedback you provide may be used by us without restriction or obligation.

10. Third-Party Services

The Service relies on third-party providers, including cloud hosting, database, and authentication (Supabase), payments (Stripe), email delivery (Resend), single sign-on (Google and Microsoft), and mapping. Your use of those features may be subject to the third party’s terms, and we are not responsible for third-party services or content.

11. Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Service using reasonable care and will use it only to perform under these Terms, except for information that is public, independently developed, or required to be disclosed by law.

12. Suspension, Termination, and Account Closure

You may stop using the Service and close your account at any time. We may suspend or terminate access for non-payment, violation of these Terms, or to protect the Service or its users. When a Company closes its account, its data is archived and then removed in accordance with our retention practices, and Employees lose access. We are not liable for any loss arising from termination or closure. Sections that by their nature should survive (including Sections 6, 8, 9, 13–16, and 18) survive termination.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that calculations, location readings, or records will be accurate or complete.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUTOR BIZ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations apply even if a remedy fails of its essential purpose.

15. Indemnification

You will defend, indemnify, and hold harmless Mutor Biz from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your Customer Data, your use of the Service, or your violation of these Terms or applicable law.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The state and federal courts located in California will have exclusive jurisdiction, and you consent to venue there, except that either party may seek injunctive relief in any court of competent jurisdiction. Any claim must be brought within one (1) year after it arises.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the version and effective date above and may provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms may be sent to Mutor Biz, the operator of WeERM, at info@weerm.com.