Terms of Use

1. The agreement

These Terms of Use (“Terms”) are between Zaikus Philippines (“TINIUN”, “we”, “us”) and the organization that subscribes to TINIUN (the “Customer”). People who use TINIUN on a Customer's behalf (“Users”) must also follow these Terms. By accessing or using TINIUN, you agree to these Terms; if you accept them for an organization, you confirm you have authority to bind it.

2. The service

TINIUN is a workforce management product of Zaikus Philippines, provided as Software as a Service (SaaS) through the web, for scheduling, real-time status and adherence, exception handling, coaching, messaging and reporting (the “Service”). We may improve and change the Service over time, and we will not materially reduce its core functionality during a paid subscription term.

3. Accounts and access

• The Customer is responsible for who it invites, the roles and permissions it assigns, and removing access when a User no longer needs it.
• Users must keep their credentials confidential and use their own account. Tell us promptly at [email protected] if you suspect unauthorized access.
• The Customer is responsible for activity under its accounts, except where caused by our breach of these Terms.

4. Customer data

“Customer Data” is the information the Customer and its Users submit to the Service, including workforce data about its employees and contractors. The Customer owns its Customer Data. The Customer grants us the rights needed to host, process and display Customer Data to provide, secure and support the Service, and for no other purpose.

The Customer is responsible for having the rights, notices and consents needed to put Customer Data into TINIUN — including informing its workforce, as required by law, that their working time and activity are recorded. We process personal information in Customer Data as described in our Privacy Policy and any data processing agreement between us.

5. Acceptable use

You must not, and must not help anyone else to:

• access another organization's data, or try to get around authentication, permissions or tenant isolation;
• probe, scan or test the Service for vulnerabilities without our written permission (responsible reports to our security contact are welcome);
• interfere with or overload the Service, or exceed documented rate limits;
• upload malware or content that is unlawful, infringing or harmful;
• use the Service in a way that violates employment, privacy or other applicable laws;
• copy, resell or reverse engineer the Service, except where the law does not allow this restriction.

6. Fees

Fees, subscription terms and seat limits are set out in the Customer's order or plan. Unless it says otherwise, fees are payable in advance, are non-refundable, and exclude taxes, which the Customer is responsible for.

7. Availability and support

We work to keep TINIUN available and performant, but we do not guarantee uninterrupted or error-free operation unless a service-level commitment is included in the Customer's order. We may carry out maintenance, ideally outside peak hours and with notice where practical. Support is available at [email protected].

8. Intellectual property and feedback

We own the Service, including its software, design and documentation. These Terms do not transfer any of our intellectual property to you. If you send us suggestions or feedback, we may use them without obligation to you.

9. Confidentiality

Each party will protect the other's non-public information with at least reasonable care, use it only to perform under these Terms, and share it only with people who need to know and are bound by similar obligations — unless disclosure is required by law.

10. Suspension

We may suspend access if it is needed to prevent harm to the Service or other customers, if an account breaches the acceptable use rules, or if fees are significantly overdue. Where practical, we will give notice first and restore access once the issue is resolved.

11. Term, termination and data export

These Terms apply for as long as the Customer uses the Service. Either party may terminate for material breach that is not cured within 30 days of notice. After termination, the Customer may request an export of its Customer Data within 30 days; after that, we delete Customer Data in line with our retention practices, unless the law requires us to keep it.

12. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms or a signed agreement, the Service is provided “as is”, and we disclaim all other warranties to the extent the law allows, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. TINIUN supports workforce decisions but does not replace the Customer's judgment; the Customer remains responsible for employment decisions it makes.

13. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, and each party's total liability under these Terms is limited to the fees the Customer paid for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law, to the Customer's payment obligations, or to a party's breach of its confidentiality obligations or infringement of the other's intellectual property.

14. Indemnity

The Customer will defend and indemnify us against third-party claims arising from Customer Data or from use of the Service in breach of these Terms or applicable law. We will defend and indemnify the Customer against third-party claims that the Service, as provided by us, infringes their intellectual property rights.

15. Governing law

These Terms are governed by the laws of the Republic of the Philippines. The proper courts of Calamba City, Laguna, Philippines have exclusive jurisdiction over any dispute arising from them, unless the Customer's signed agreement says otherwise.

16. Changes to these Terms

We may update these Terms. For material changes, we will give Customers at least 30 days' notice by email or in the application before they take effect. Continuing to use the Service after that date means accepting the updated Terms.

17. Contact

Questions about these Terms: [email protected], or write to Zaikus Philippines, Calamba City, Laguna, Philippines.