Terms of service

These terms are the agreement between your business and MAAI Software Inc. ("we", "us"), the company that makes and runs Operali. Operali is a clock-in service: staff tap an NFC plaque at the store to clock in and out, and the business gets accurate hours. These terms cover the Operali app, its server and this website. Our privacy policy explains how we handle personal information.

Who may use Operali

Operali is for businesses. The person who creates a company in the app becomes its account owner and accepts these terms on the business's behalf. By doing so, you confirm that you are at least 18 and allowed to bind the business to them.

Employees, supervisors and other owners use Operali because a business invited them. They accept these terms for their own use of the app when they join.

What the account owner is responsible for

As the account owner, you are responsible for how your business uses Operali. In particular, you agree to:

• tell your staff that you use Operali, what it records (their name, their punch times and their precise location at the moment they clock in or out) and why, and get their consent where the law requires it;
• use location only to confirm attendance: that a person was at the store when they clocked in or out. Not to monitor staff at other times, and not for any purpose the law does not allow;
• follow the employment, privacy and record-keeping laws that apply to your business, including keeping the records you must keep;
• keep your staff list current: invite only people who work for you, and remove people who no longer do;
• keep the sign-in codes and QR codes for your account private, and tell us if you think someone has accessed it without permission.

The business controls its workforce data. We store and process it on your behalf, as the privacy policy describes.

Acceptable use

Everyone who uses Operali agrees not to:

• clock in for someone else, fake a location, or otherwise record hours that were not worked;
• copy, reuse or share a plaque's code, or try to get around the checks that confirm a person is at the store;
• access accounts or data you were not given, or try to break, overload or probe the service;
• copy, resell or reverse-engineer the service, except where the law allows it;
• use Operali to harass anyone, or for anything unlawful.

We may limit, suspend or close an account that breaks these rules, and we may suspend a company while we look into a serious problem, such as fraud or a security risk.

Plaques are physical devices

Operali plaques are NFC tags mounted at your stores. Each tap produces a one-time code that our server checks, so a plaque only works where and how it was set up.

• Take care of them. Mount each plaque where staff can reach it at the store, and keep it clean and undamaged.
• Replace a plaque that is lost or broken. An owner can replace the plaque at a store in the app. The old plaque is marked as replaced and stops working for good.
• Don't tamper with them. Do not open, rewrite, copy or move a plaque to a place it was not set up for. A plaque that has been tampered with may stop working, and using one to record false hours breaks these terms.

How plaques are supplied, and who pays for replacements, is part of what your business agrees in writing with us.

Employees using the app

If you use Operali because your employer invited you:

• your employer decides who is invited, which stores you work at and what happens to your hours. Questions about your hours, your pay or your job go to your employer, not to us;
• clock in and out only for yourself, at the store, when you start and finish work;
• the app asks for your location only while you use it to clock in or out, never in the background;
• you can delete your account at any time, in the app or at operali.com/delete-account. Your hours stay with your employer, anonymised, because employers must keep wage records.

Availability

We work to keep Operali running and your data safe, but in this version we do not promise any level of uptime. The service may be unavailable at times, for maintenance, updates, or problems with our providers or the internet. When the phone can't reach our server, the app keeps the punch and sends it later, but we can't guarantee that every punch is recorded.

We may change, add or remove features over time. If a change removes something your business relies on, we will try to tell account owners ahead of time.

Fees

Fees for using Operali, if any, are as agreed in writing with MAAI Software Inc. Nothing is sold inside the app. If your business has a written agreement with us, it takes priority over these terms where the two differ.

Limits on our liability

Operali is provided "as is". We do our best to make it accurate and reliable, but we do not guarantee that it will be error-free or always available, or that it will meet every legal requirement your business has. You remain responsible for your payroll and your records: check the hours before you use them to pay anyone.

To the extent the law allows:

• we are not liable for indirect or consequential losses, such as lost profits, lost data or business interruption;
• our total liability for any claim about Operali is limited to the amount your business paid us for the service in the 12 months before the claim.

Nothing in these terms limits a liability that the law does not allow us to limit.

Ending your use, and exporting your data

You can stop using Operali at any time.

• An employee can delete their account in the app or on the web, as described above.
• An account owner can delete the company in the app. Export your hours first: the app offers an export (CSV or Excel) before you confirm. After you delete the company, nobody can clock in there, and you have 30 days to cancel the deletion. After that, the company's hours, punch records, stores, staff and invitations are deleted for good and cannot be recovered.

We may end or suspend a business's access if it breaks these terms, if the written agreement with us ends, or if the law requires it. Unless there is a serious risk, such as fraud or a security problem, we will tell the account owner first and give them a reasonable chance to export their hours.

Changes to these terms

When we change these terms, we post the new version on this page and update the date at the top. If a change is significant, we will tell account owners by email before it takes effect. If you keep using Operali after a change takes effect, the new terms apply.

Governing law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Any dispute will be settled by the courts of Ontario, unless the law gives you the right to go elsewhere.

Contact

For questions about these terms, write to support@operali.com.

MAAI Software Inc.