Terms of Service

1. Service Description

Nix Spaces is a workplace phone activity monitoring solution designed for employers to track employee device usage during work hours for safety, compliance, and productivity purposes. The Service is intended for use by organizations ("Customers") to monitor employee-owned or company-owned devices with proper authorization and employee notice.

2. Eligibility and Account Requirements

2.1 Customer Accounts: Only authorized representatives of organizations may create Customer accounts. You represent and warrant that you have the legal authority to bind your organization to these Terms.

2.2 Employee Notice Requirement: Customers must provide clear written notice to all monitored employees that phone monitoring is in effect during work hours. Customers are solely responsible for compliance with all applicable employment, privacy, and data protection laws.

2.3 Age Requirement: The Service is intended for workplace monitoring of adult employees. Customers must not use the Service to monitor individuals under the age of 18 without appropriate legal authorization.

3. Permitted Use and Restrictions

3.1 Permitted Use: The Service may be used solely for legitimate workplace monitoring purposes, including safety compliance, productivity management, and regulatory documentation.

3.2 Prohibited Use: You may NOT use the Service to:

• Monitor individuals without their knowledge or proper legal authorization
• Violate any applicable privacy, employment, or data protection laws
• Engage in unlawful surveillance or harassment
• Monitor personal devices of non-employees without consent
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Resell, redistribute, or sublicense the Service without written authorization

4. Customer Responsibilities

4.1 Legal Compliance: Customers are solely responsible for ensuring their use of the Service complies with all applicable federal, state, and local laws, including employment laws, privacy regulations, and collective bargaining agreements.

4.2 Data Security: Customers must maintain appropriate security measures for their account credentials and manager access. You are responsible for all activities conducted under your account.

4.3 Employee Communication: Customers must clearly communicate monitoring policies to employees and obtain any necessary consents or authorizations as required by law.

5. Data Collection and Privacy

5.1 Monitoring Scope: The Service collects activity timestamps, app usage duration, and device usage metrics during configured work hours. The Service does not access message content, photos, videos, or other personal data.

5.2 Data Ownership: Customers retain ownership of all monitoring data generated through their use of the Service. We process such data solely as a service provider on behalf of the Customer.

5.3 Privacy Policy: Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Payment and Subscription

6.1 Fees: Customers agree to pay all applicable subscription fees as specified in their service agreement or pricing plan. Fees are typically charged on a per-employee per-month basis.

6.2 Billing: Subscription fees are billed in advance on a monthly or annual basis. Payment is due upon invoice receipt unless otherwise specified in writing.

6.3 Late Payment: We reserve the right to suspend access to the Service for accounts with overdue payments exceeding 30 days.

7. Service Availability and Support

7.1 Uptime: We strive to maintain high Service availability but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance when possible.

7.2 Support: Customer support is provided via email and documentation. Response times vary by subscription tier (Starter, Professional, Enterprise).

8. Termination

8.1 Termination by Customer: Customers may terminate their subscription at any time by providing written notice. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

8.2 Termination by Company: We reserve the right to suspend or terminate accounts that violate these Terms, engage in prohibited use, or fail to make timely payments.

8.3 Effect of Termination: Upon termination, Customer access to the Service will cease. Monitoring data may be retained for a limited period to comply with legal obligations or may be deleted at Customer request.

9. Disclaimers and Limitation of Liability

9.1 No Warranty: THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY CUSTOMER DURING THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Exclusion of Damages: WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA LOSS.

10. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Customer's use of the Service, violation of these Terms, or violation of any applicable laws or third-party rights.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

12.2 Dispute Resolution: Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.

13. General Provisions

13.1 Entire Agreement: These Terms, together with the Privacy Policy and any written service agreements, constitute the entire agreement between you and the Company regarding the Service.

13.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

13.3 No Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14. Contact Information

For questions about these Terms of Service, please contact us at: