Terms & Conditions

1. Parties & Definitions

In these Terms and Conditions:

• "TimePulse", "we", "us", "our" means Elegant Work Group (Pty) Ltd, a company incorporated under the laws of the Republic of South Africa.
• "Service" means the TimePulse platform, including the web application (app.html), marketing website, APIs, mobile web app, and any related software or services.
• "Company Account" means an account registered by a business or organisation to manage their employees' attendance.
• "Administrator" or "Admin" means a user with administrative access to a Company Account.
• "Employee" or "User" means any individual who accesses the Service under a Company Account.
• "Subscription" means a paid or free plan granting access to the Service.
• "Content" means all data, information, records, and materials submitted to or generated by the Service.
• "POPIA" means the Protection of Personal Information Act 4 of 2013.
• "BCEA" means the Basic Conditions of Employment Act 75 of 1997.

2. The Service

TimePulse provides a cloud-based time and attendance management platform that includes GPS clock-in/out, geofencing, live employee mapping, activity logging, custom form capture, facial recognition clock-in (Pro plan), payroll reporting, and related features as described on our website.

We reserve the right to add, modify, or remove features from the Service at any time. Material changes that reduce functionality will be communicated at least 14 days in advance via in-app announcement or email.

The Service is provided on a software-as-a-service (SaaS) basis. You do not acquire any ownership rights to the software by subscribing.

3. Accounts & Registration

3.1 Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts under South African law to register a Company Account. The Service is intended for use by businesses and their employees — not for personal use.

3.2 Registration

When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and updating it promptly if it changes.

3.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at support@timepulse.co.za if you become aware of unauthorised access to your account. We are not liable for losses resulting from unauthorised use of your credentials.

3.4 One Account Per Company

Each business entity should operate a single Company Account. Creating multiple accounts to circumvent plan limits is prohibited and may result in account termination.

4. Plans, Fees & Payment

4.1 Free Plan

The Free plan is provided at no charge and includes limited features as described on our pricing page. We reserve the right to modify the features available on the Free plan with 14 days' notice.

4.2 Pro Plan

The Pro plan is a paid subscription billed monthly or annually as displayed at checkout. Pro plan features include unlimited employees, advanced reporting, Excel and PDF exports, overtime tracking, activity logging, custom forms, and facial recognition.

4.3 Payment

Payments are processed securely through PayFast (DPO PayGate). By subscribing, you authorise us to charge your selected payment method for the applicable subscription fee. All prices are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable.

4.4 Renewal & Cancellation

Subscriptions renew automatically unless cancelled before the renewal date. You may cancel at any time from within the app's settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.

4.5 Price Changes

We may change subscription prices with at least 30 days' written notice before the change takes effect. Continuing to use the Service after the effective date constitutes acceptance of the new pricing.

4.6 Failed Payments

If a payment fails, we will attempt to notify you and may suspend Pro features until payment is resolved. Your data will not be deleted during a payment dispute.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or the rights of any third party
• Process the personal information of individuals without a lawful basis under POPIA
• Enrol biometric/facial data of employees without obtaining explicit informed consent as required by POPIA Section 26
• Transmit harmful, defamatory, obscene, or unlawful content
• Attempt to circumvent, disable, or interfere with security features
• Access or attempt to access accounts or data belonging to other companies
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service for any purpose other than legitimate workforce time and attendance management
• Resell or sublicense the Service without our written consent
• Use automated scripts or bots to access the Service in a manner that exceeds normal usage
• Create accounts for the purpose of spamming or abusing the demo system

Violation of these terms may result in immediate suspension or termination of your account.

6. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Your data is yours. We do not claim ownership of any data you submit to the Service. You grant us a limited licence to process and store your data solely to provide the Service to you.

As the Company Account holder, you are the Responsible Party under POPIA for the personal information of your employees that you submit to the Service. You warrant that you have a lawful basis for collecting, processing, and sharing that information with us.

We act as an Operator in respect of your employees' personal information and process it only on your documented instructions.

On termination of your account, we will retain your data for 30 days during which you may request an export. After 30 days, all data is permanently deleted.

7. Biometric Data & Facial Recognition

The facial recognition feature (Pro plan) processes biometric facial descriptor data. By enabling this feature, you (as the Company Account Administrator) warrant and undertake that:

• You have obtained explicit, specific, and informed written consent from each employee whose biometric data is enrolled, prior to enrolment
• You have informed employees of the purpose of processing, how the data is stored, and their right to withdraw consent
• Consent is voluntary and employees who decline will not be disadvantaged in their employment
• You will maintain records of consent and make them available to us or the Information Regulator if requested
• You will promptly delete biometric data when an employee's consent is withdrawn or when their employment ends
• You will comply with all obligations under POPIA Section 26 and any applicable regulations regarding biometric data

We provide the technical tools to manage biometric data (enrolment, deletion, management) but compliance with POPIA's consent requirements is your responsibility as the Responsible Party.

We accept no liability for your failure to obtain valid consent or to comply with POPIA obligations regarding biometric data.

8. Employer Responsibilities

If you use TimePulse to manage your employees' attendance, you are responsible for:

• Ensuring your use of the Service complies with the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA), and any applicable sectoral determinations
• Disclosing to your employees that their attendance, location, and activity data is being recorded and processed via TimePulse
• Maintaining accurate records as required by labour law — TimePulse assists with this but does not replace your legal obligation to keep records
• Ensuring that GPS tracking, geofencing, and activity monitoring policies are disclosed to employees in writing and included in employment contracts or company policy documents
• Obtaining any required consents under POPIA, the LRA, or any applicable collective agreement before implementing monitoring
• Accurately configuring overtime rules and break policies to comply with BCEA requirements

TimePulse is a tool that assists with record-keeping. We are not a legal or HR advisory service and nothing in the Service constitutes legal advice.

9. Intellectual Property

All intellectual property rights in the TimePulse platform, including software, design, trademarks, documentation, and content created by us, are owned by Elegant Work Group (Pty) Ltd and are protected under South African and international intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription.

You may not copy, modify, distribute, sell, sublicense, or create derivative works from the Service or any part of it without our prior written consent.

Open-source components used within TimePulse (including face-api.js, Leaflet.js, and Chart.js) remain subject to their respective open-source licences.

10. Availability & Uptime

We aim to provide reliable, continuous access to the Service but do not guarantee 100% uptime. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice where possible)
• Unplanned outages or infrastructure issues
• Third-party service disruptions (hosting, payment, CDN)
• Force majeure events

We will use reasonable efforts to restore the Service promptly following any disruption. We do not provide service level agreements (SLAs) on the Free plan. Pro plan customers may contact support for assistance during extended outages.

We are not liable for any loss, damage, or costs arising from unavailability of the Service.

11. Limitation of Liability

To the maximum extent permitted by South African law:

• The Service is provided "as is" and "as available" without warranties of any kind, express or implied
• We do not warrant that the Service will be error-free, uninterrupted, or meet your specific requirements
• Our total aggregate liability for any claim arising from these Terms or the Service will not exceed the amount you paid us in the 3 months preceding the claim
• We are not liable for indirect, consequential, special, incidental, or punitive damages, including loss of profits, data, goodwill, or business opportunities
• We are not liable for your non-compliance with POPIA, BCEA, LRA, or any other applicable law
• We are not liable for inaccuracies in GPS data, which may vary depending on device capability and environmental conditions
• We are not liable for facial recognition false positives or false negatives, and you should implement appropriate verification procedures for high-stakes decisions

Nothing in these Terms limits our liability for fraud, gross negligence, or personal injury caused by our wilful misconduct.

12. Indemnity

You agree to indemnify, defend, and hold harmless Elegant Work Group (Pty) Ltd, its directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your breach of any applicable law, including POPIA, BCEA, or LRA
• Your failure to obtain valid consent from employees for biometric data processing
• Any dispute between you and your employees arising from your use of the Service
• Any third-party claim arising from content you submit to the Service

13. Suspension & Termination

13.1 Termination by You

You may cancel your subscription at any time within the app. Your account will remain active until the end of the current billing period. You may export your data at any time before or within 30 days after cancellation.

13.2 Termination or Suspension by Us

We may suspend or terminate your account immediately and without notice if:

• You materially breach these Terms and fail to remedy the breach within 7 days of written notice
• We are required to do so by law or a court order
• Your account is used for fraudulent, abusive, or illegal activity
• You fail to pay subscription fees after a reasonable grace period

13.3 Effect of Termination

Upon termination, your access to the Service ceases. We will retain your data for 30 days to allow export, after which it is permanently deleted. Provisions that by their nature survive termination (including Sections 9, 11, 12, and 14) will remain in effect.

14. Disputes & Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

Any dispute arising from or in connection with these Terms shall first be subject to good-faith negotiation between the parties for a period of 30 days. If unresolved, the parties agree to submit to the exclusive jurisdiction of the courts of South Africa.

For disputes under R20,000, either party may elect to use the Small Claims Court as provided for under the Magistrates' Courts Act.

Nothing in this clause prevents either party from seeking urgent interdict relief from a competent court.

15. Changes to These Terms

We may update these Terms from time to time. When we do:

• The "Last updated" date at the top of this page will be revised
• We will notify active users via in-app announcement at least 14 days before material changes take effect
• Continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms
• If you do not agree to the revised Terms, you must stop using the Service and may cancel your subscription

Previous versions of these Terms are available on request by emailing support@timepulse.co.za.

16. Contact

For any questions about these Terms:

Elegant Work Group (Pty) Ltd
Email: support@timepulse.co.za
Website: timepulse.co.za