1 Introduction
These Terms of Service ("Terms") govern your access to and use of the AttendanceGM platform, including its web and mobile applications and all associated features and services ("Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
These Terms apply to all users: organization administrators, HR personnel, managers, and employees. Where a conflict exists between these Terms and any supplemental agreement executed in writing between AttendanceGM and an Organization, the supplemental agreement prevails.
2 Definitions
3 Eligibility
You must be at least 18 years of age to register as a User. By using the Platform, you confirm that you meet this requirement.
Where an Organization registers individuals under 18, it must obtain appropriate parental or guardian consent before registration. This obligation rests solely with the Organization in its capacity as Data Controller.
4 Accounts and Organization Control
- Users must provide accurate registration information and keep it current.
- Users are responsible for the security of their login credentials. AttendanceGM is not liable for unauthorized access resulting from a User's failure to safeguard their Account.
- Organizations control all User Accounts within their subscription and may access, manage, or remove user data within the scope of their administrative role.
- AttendanceGM may intervene in Account matters only where required by law, to enforce these Terms, or to fulfill its data protection obligations.
- Organization control does not override individual rights. Users retain all statutory rights with respect to their personal data under applicable law, regardless of how an Organization configures the Platform.
5 Acceptable Use
The Platform is provided exclusively for lawful HR and attendance management purposes. The following are strictly prohibited:
- Using the Platform for any unlawful, unauthorized, or harmful purpose;
- Submitting false, fabricated, or manipulated attendance or HR records;
- Sharing login credentials with unauthorized individuals;
- Accessing, or attempting to access, another Organization's data or accounts;
- Reverse engineering, decompiling, scraping, or reproducing any part of the Platform;
- Circumventing or tampering with any security or access control mechanism;
- Using the Platform to harass, discriminate against, or otherwise harm any individual;
- Uploading malicious code or content intended to damage or disrupt the Platform;
- Misrepresenting your identity or that of your Organization.
6 Organization Responsibilities
As Data Controller, the Organization is primarily responsible for the lawful use of the Platform within its workforce. By subscribing, the Organization agrees to:
- Inform employees that the Platform is in use for attendance and HR management, prior to their registration;
- Obtain any required consents before enabling optional data collection features;
- Comply with applicable law governing employment and personal data in its use of the Platform;
- Maintain the security of administrative credentials and ensure access roles reflect actual responsibilities;
- Respond to individual data rights requests within a reasonable timeframe;
- Export required records before terminating its subscription, as data will be deleted upon account closure per our retention policy.
AttendanceGM provides the infrastructure and tools. The Organization is responsible for using them lawfully. AttendanceGM accepts no liability for an Organization's failure to meet its obligations as Data Controller.
7 Data Processing
By subscribing, the Organization (as Data Controller) and AttendanceGM (as Data Processor) enter into a data processing relationship on the following basis:
- AttendanceGM processes Personal Data only to the extent necessary to deliver the subscribed services and only in accordance with the Organization's instructions.
- AttendanceGM will not use Personal Data for its own commercial purposes, marketing, or sale to third parties.
- AttendanceGM implements appropriate technical and organizational measures to protect Personal Data against unauthorized access, loss, or disclosure.
- Personnel authorized to process Personal Data on behalf of AttendanceGM are subject to confidentiality obligations.
- AttendanceGM will notify the Organization of any confirmed Personal Data breach without undue delay.
- Upon termination, AttendanceGM will delete or make available for export all Personal Data in accordance with its retention policy, subject to any legal retention obligations.
8 Intellectual Property
Platform Ownership
AttendanceGM owns all rights, title, and interest in and to the Platform, including its software, source code, design, trademarks, and related intellectual property. Nothing in these Terms transfers any ownership of the Platform to any User or Organization.
Limited License
Organizations and Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for internal HR and attendance management purposes during an active subscription. This license does not include any right to copy, modify, reverse engineer, or distribute any part of the Platform.
Data Ownership
Users retain ownership of their personal information. Organizations retain ownership of their organizational data. Organizations grant AttendanceGM a limited license to process this data solely to operate and deliver the Platform, as described in Section 7.
9 Fees and Billing
- AttendanceGM offers subscription plans at pricing published on its website. Organizations agree to pay all applicable fees in accordance with the selected plan.
- Fees are generally non-refundable. Refund requests may be considered at AttendanceGM's discretion in cases of documented service failure directly attributable to AttendanceGM.
- AttendanceGM may update pricing with reasonable prior notice to Organization administrators.
- Non-payment may result in service suspension following a reasonable grace period. Suspended accounts retain data for a reasonable period, during which outstanding fees may be settled to restore access.
10 Privacy
Use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and protect Personal Data, and sets out individual rights under applicable law.
In the event of any conflict between these Terms and the Privacy Policy on matters of Personal Data, the Privacy Policy prevails.
11 Third-Party Services
AttendanceGM engages third-party sub-processors to operate aspects of the Platform, including cloud infrastructure, payment processing, and document management. These sub-processors are bound by contractual obligations that impose equivalent data protection standards.
By subscribing, Organizations consent to the use of such sub-processors. AttendanceGM is not responsible for the independent data practices of these providers beyond its contractual obligations to them. A current list of sub-processors is available upon written request.
12 Service Availability
AttendanceGM will make reasonable efforts to maintain platform availability and will provide advance notice of planned maintenance where practicable.
AttendanceGM does not guarantee uninterrupted access to the Platform and is not liable for interruptions arising from circumstances outside its reasonable control. Organizations and Users are responsible for verifying data integrity following any period of disruption.
13 Limitation of Liability
The Platform is provided on an "as is" basis. To the maximum extent permitted by applicable law, AttendanceGM is not liable for:
- Indirect, incidental, consequential, or punitive damages arising from use of or inability to use the Platform;
- Service interruptions or errors not caused by AttendanceGM's own negligence;
- Unauthorized access resulting from an Organization's or User's failure to secure credentials;
- An Organization's failure to fulfill its responsibilities as Data Controller;
- Failures of third-party services beyond AttendanceGM's reasonable control.
This limitation does not exclude liability for Personal Data breaches or data loss directly caused by AttendanceGM's negligence. Nothing in these Terms limits rights that cannot be excluded under applicable law.
14 Indemnification
You agree to indemnify, defend, and hold harmless AttendanceGM and its officers and affiliates from and against any claims, damages, losses, and costs (including reasonable legal fees) arising from:
- Your violation of these Terms or applicable law;
- Your Organization's failure to meet its obligations as Data Controller;
- Misuse of the Platform by Users registered under your Organization's Account;
- Any third-party claim resulting from data submitted, uploaded, or managed through the Platform.
15 Termination
- AttendanceGM may suspend or terminate an Account for breach of these Terms, non-payment, or legal obligation. Reasonable prior notice will be given except in cases of serious or urgent violations.
- Organizations may terminate their subscription at any time. Organizations are responsible for exporting required data before termination takes effect.
- Upon termination, data within the Organization's Account will be deleted in accordance with our retention policy, subject to legally required retention periods.
- Sections 7, 8, 13, 14, and 18 survive termination of these Terms.
16 Force Majeure
AttendanceGM is not liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including telecommunications failures, power outages, natural disasters, civil unrest, government actions, public health emergencies, or cyberattacks that exceed reasonable preventive measures.
In such events, AttendanceGM will notify affected Organizations as soon as practicable and take reasonable steps to restore normal service.
17 Changes to Terms
AttendanceGM may update these Terms to reflect changes in the Platform, applicable law, or business practices. Revised Terms will be posted on the Platform with an updated effective date.
For material changes, Organization administrators will be notified in advance via email and in-platform notice. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you must discontinue use and contact us to arrange account closure.
18 Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of The Gambia. Any dispute shall be resolved through the following tiered process:
Written Notice
The aggrieved party submits a written notice describing the dispute and the resolution sought.
Good-Faith Negotiation
Both parties will attempt to resolve the dispute through direct negotiation within a reasonable timeframe.
Mediation
If negotiation fails, the parties may engage a mutually acceptable mediator before proceeding to litigation.
Courts of The Gambia
Unresolved disputes shall be submitted to the exclusive jurisdiction of the competent courts of The Gambia.
19 Contact
For questions or concerns regarding these Terms, please contact:
