Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Viktoras Chorunas, the individual (sole trader) operating the Punchly early-access service ("Punchly", "we", "us"), governing your use of the Punchly website and time-tracking service (the "Service"). By creating an account or using the Service you agree to these Terms.

1. The Service

Punchly lets businesses record staff working time via a PIN or QR-code kiosk on a browser-based device, view live activity, and produce worked-hours reports. We grant you a non-exclusive, non-transferable right to use the Service in accordance with these Terms.

2. Early access

The Service is currently offered as an early-access product. It is provided "as is", features may change, be added, or be removed, and occasional interruptions may occur. Do not rely on the Service as your sole record where you have a legal duty to retain time or payroll records; keep your own backups.

3. Accounts

You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account. Notify us promptly of any unauthorised use.

4. Your responsibilities as a customer

You are responsible for the staff, workplaces, and data you add to the Service. In particular you agree that:

• You have a lawful basis to process your staff's personal data and have informed them as required by data protection law.
• Where you enable clock-in photos, you have notified affected staff and have an appropriate lawful basis for capturing their images.
• You will use the Service in compliance with all applicable employment, working-time, and data protection laws.
• You act as the data controller for your staff's data and Punchly acts as your processor, as described in our Privacy Policy and the Data Processing Agreement below.

5. Acceptable use

You must not misuse the Service, including by attempting to gain unauthorised access, disrupting the Service, uploading unlawful content, or using it to infringe others' rights.

6. Fees

The Service is currently free during early access. Paid plans and billing terms may be introduced with notice, and this section will be updated before any charges apply.

7. Data protection & Data Processing Agreement

Our handling of personal data is described in our Privacy Policy. To the extent we process personal data on your behalf, the following applies as a Data Processing Agreement: we process such data only on your documented instructions to provide the Service, apply appropriate security measures, assist you with data subject requests, and delete or return the data on termination, save where retention is legally required.

8. Intellectual property

Punchly and its software, branding, and content are owned by us or our licensors. You retain ownership of the data you enter into the Service.

9. Warranties & disclaimers

To the fullest extent permitted by law, the Service is provided without warranties of any kind, express or implied, including fitness for a particular purpose and uninterrupted availability. Nothing in these Terms excludes liability that cannot be excluded by law.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, or loss of data. Our total liability arising out of or in connection with the Service is limited to the amount you have paid us for the Service in the 12 months before the claim, or £100 if greater.

11. Indemnity

You agree to indemnify us against claims arising from your breach of these Terms or your unlawful use of the Service, including claims by your staff relating to data you processed through the Service.

12. Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or where necessary to protect the Service. On termination, your right to use the Service ends and we will handle your data as described in our Privacy Policy.

13. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any mandatory rights under local law.

14. Changes

We may update these Terms from time to time. Material changes will be notified through the Service or by email, and the "last updated" date above will change.

15. Contact

Questions about these Terms: [email protected].