Terms of Service

1. Definitions

1.1

"Service" means access to the Toxtab web-based software platform, including all features and functionality made available at www.toxtab.com.

1.2

"Customer" means any individual or legal entity that registers an account and uses the Service.

1.3

"Operator" means an authorized Toxtab staff member responsible for manual photo verification tasks described in Section 6.

1.4

"Account" means the Customer's registered profile on the Service, accessible via the email address provided at registration.

2. Acceptance and Modifications

2.1

By submitting any data entry form or otherwise using the Service, you confirm that you have read, understood, and accepted these Terms.

2.2

We reserve the right to modify these Terms at any time without prior consent from the Customer. Updated Terms will be published on the Service. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

2.3

These Terms remain in force for as long as the Service is in operation.

2.4

All communications and documents between us and the Customer are exchanged electronically.

3. Account Registration

3.1

To use the Service, you must register an account by providing a valid email address. Your email address is the primary credential for accessing your account and personal data stored within the Service.

3.2

You are solely responsible for maintaining access to your registered email address. Loss of that access may result in permanent loss of access to your Toxtab account and associated data. We are not responsible for such loss.

3.3

You are responsible for the accuracy of all information submitted during and after registration. We are not liable for any consequences arising from inaccurate or incomplete information provided by you.

3.4

If we require additional information to provide the Service, we may request it at any time. Failure to provide the requested information may result in suspension or termination of your access, at our sole discretion.

4. Service Delivery

4.1

We grant you access to the Toxtab software platform as described in the current plan published on our website.

4.2

We may update, modify, or change features of the Service at our sole discretion, without notice or liability to the Customer.

4.3

We do not offer custom development or modifications to the Service tailored to individual Customer requirements.

4.4

We are not liable for any malfunction, unavailability, or degraded performance of the Service caused by the Customer's hardware, software, network, or browser.

4.5

We reserve the right to determine the level of onboarding and configuration support provided to each Customer.

5. Pricing and Payment

5.1

Current pricing and billing details are published at www.toxtab.com/price.

5.2

We operate on a post-use billing model: access to the Service is granted before payment. We reserve the right to suspend or terminate the Service at any time and without obligation to the Customer if payment is not received.

5.3

We reserve the right to change pricing at any time. We will endeavor to notify Customers of price changes at least 30 days in advance.

5.4

Payment is considered complete when funds are received by us. The Customer is solely responsible for ensuring timely payment to avoid automatic suspension of access.

5.5

We are not responsible for temporary loss of access that occurs while a payment is being processed.

5.6

The Customer must follow payment procedures specified on our billing page and ensure all references and amounts are entered correctly.

5.7

The Customer may choose not to pay for services rendered. In this case, access to the Service will be restricted. No refunds are owed for previously provided access.

6. Photo Verification Feature

6.1

As part of the Service, the Customer may authorize Toxtab to process photographs of the Customer's employees solely for the purpose of verifying workforce attendance and timekeeping.

6.2

Photo verification is performed manually by an authorized Toxtab Operator, who visually compares a submitted photo against a reference image stored in the system. No automated facial recognition, biometric identification, or biometric template extraction is used in this process.

6.3

Submitted photos are used exclusively to visually confirm an employee's presence at the time of a check-in. They are not used for any form of automated identity establishment.

6.4

Employee self-identification within the Service is performed manually by the employee selecting their own name from a list.

6.5

By enabling the photo verification feature, the Customer represents and warrants that:

• prior written consent has been obtained from each employee whose photograph will be submitted to the Service;
• employees have been informed that Toxtab processes their photos as a data processor for attendance verification purposes;
• copies of such consents will be provided to us upon request within 3 business days.

6.6

We process employee photographs strictly as instructed by the Customer and solely for the purposes described in this Section. We do not use such photographs for any other purpose.

7. Customer Obligations

7.1

You agree to use the Service in compliance with all applicable laws and regulations.

7.2

You agree not to misuse the Service, attempt to gain unauthorized access to any part of it, or interfere with its normal operation.

7.3

You are responsible for all activity that occurs under your account.

8. Intellectual Property

8.1

All software, content, design, and materials comprising the Service are the exclusive intellectual property of Toxtab or its licensors.

8.2

These Terms do not grant you any rights in the Service other than a limited, non-exclusive, non-transferable license to use it during the term of your subscription, in accordance with these Terms.

9. Disclaimer of Warranties

9.1

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

10.1

To the maximum extent permitted by applicable law, Toxtab shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or business interruption, arising out of or in connection with your use of the Service.

10.2

Our total aggregate liability to you for any claim arising from or relating to these Terms or the Service shall not exceed the amount paid by you to us in the 3 months preceding the event giving rise to the claim.

11. Suspension and Termination

11.1

We may suspend or terminate your access to the Service at any time, without notice and without liability, including but not limited to cases of non-payment, violation of these Terms, or our business decision to discontinue the Service.

11.2

You may stop using the Service at any time. Discontinuation of use does not relieve you of any outstanding payment obligations for services already rendered.

12. Privacy and Data Protection

12.1

By using the Service, you acknowledge that we may collect and process certain personal data in accordance with our Privacy Policy, available at www.toxtab.com/legal/privacy.

12.2

With respect to the photo verification feature, Toxtab acts as a data processor on behalf of the Customer (the data controller). The Customer is responsible for ensuring a lawful basis for the processing of employee personal data.

13. Governing Law and Dispute Resolution

13.1

These Terms shall be governed by and construed in accordance with applicable international commercial practice. Any disputes shall first be attempted to be resolved through good-faith negotiation.

13.2

If a dispute cannot be resolved by negotiation, it shall be submitted to binding arbitration or a court of competent jurisdiction, as determined by applicable law.

14. General Provisions

14.1

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.2

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.3

These Terms constitute the entire agreement between you and Toxtab with respect to the Service and supersede all prior agreements and understandings.