Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Adestio mobile application ("the App") or this website ("the Site"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you are using Adestio on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and references to "you" include that organisation.

If you do not agree to these Terms, do not use Adestio.

2. Service Description

Adestio provides a free time and attendance platform that allows businesses and contractors ("Operators") to:

• Create and manage work sites with configurable geofence boundaries
• Invite workers to register and clock in and out of those sites
• Verify worker identity using facial recognition at the time of clock-in
• Track and manage worker documents, certifications, and compliance requirements
• Generate automated timesheets and attendance records
• Sync attendance data with compatible accounting and payroll software
• Export data in CSV and other formats

Adestio reserves the right to modify, suspend, or discontinue any part of the service at any time. We will provide reasonable notice of any material changes.

3. Accounts

3.1 Registration

To use Adestio, you must create an account. You agree to provide accurate, current, and complete information during registration and to update it if it changes.

3.2 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at hello@adestio.com if you suspect any unauthorised access.

3.3 Operator accounts

Operators create and manage sites, configure geofences and document requirements, and invite workers. Operators are responsible for ensuring that their use of Adestio — and their workers' use — complies with applicable employment law, data protection law, and these Terms.

3.4 Worker accounts

Workers are invited to Adestio by an Operator. By accepting an invitation and registering, workers agree to these Terms. Workers understand that attendance data collected by Adestio will be accessible to the Operator who manages the relevant site.

3.5 One account per person

Each individual may hold only one worker account. Multiple accounts created to circumvent identity verification constitute a material breach of these Terms.

4. Free Service

Adestio is provided free of charge. There are no subscription fees, per-worker charges, per-site charges, or hidden costs of any kind for the core service. All features described on the Adestio website are included at no cost.

We reserve the right to introduce optional paid features or services in the future. Any such features would be clearly identified and offered on an opt-in basis. The free core service will remain available.

Because the service is free, it is provided "as is" and "as available." See Section 12 for full disclaimers.

5. Biometric Data Consent

Adestio uses facial recognition technology to verify the identity of workers at the point of clock-in. This process involves the collection and processing of biometric identifiers (a mathematical representation of facial geometry) as defined by applicable law, including the Illinois Biometric Information Privacy Act (BIPA) and equivalent statutes.

By registering your face in Adestio, you explicitly consent to the collection, storage, and use of your biometric identifier for the sole purpose of verifying your identity when clocking in and out of work sites on the Adestio platform.

Operators who enable facial recognition for their sites are responsible for:

• Ensuring they have a lawful basis to require biometric verification of workers under applicable employment and data protection law;
• Providing workers with adequate notice before biometric data is collected, including reference to this policy;
• Maintaining their own written biometric data policies where required by law (e.g. BIPA requires a publicly available retention schedule);
• Not using Adestio as the sole basis for disciplinary action without independent verification.

6. Location Data and Geofencing

Adestio uses your device's GPS to verify that you are within the geofence boundary of a work site at the point of clock-in or clock-out. By using the geofencing feature, you consent to the App accessing your device's precise location at those moments.

Location data is used only for attendance verification. Adestio does not continuously track your location outside of clock-in and clock-out events.

You may revoke location permissions in your device settings at any time. Doing so will prevent geofence verification. Operators may require geofence verification as a condition of clocking in to a site; if you do not consent, you may be unable to use the App clock-in function for that site.

Operators are responsible for ensuring that monitoring workers' location at clock-in is lawful in the relevant jurisdiction, and that workers have been given appropriate notice.

7. Operator Responsibilities

Operators are responsible for all aspects of their use of Adestio in connection with their workers and sites. Specifically, Operators agree to:

• Use Adestio only in compliance with applicable employment law, privacy and data protection law, and any applicable biometric or surveillance regulations in their jurisdiction;
• Provide workers with appropriate notice about how Adestio collects and uses their data, including biometric and location data, before requiring them to register;
• Obtain any necessary consent from workers beyond that obtained through the in-app Adestio consent flow, where required by local law;
• Not use Adestio to discriminate against workers on any protected characteristic;
• Ensure they have a valid legal basis under applicable data protection law to process worker data through Adestio;
• Maintain appropriate records of data processing activities where required by law;
• Promptly respond to worker data subject access requests that are routed to them by Adestio;
• Keep their account and site configuration up to date and accurate.

Adestio provides tools to help Operators manage data responsibly but does not independently verify Operator compliance with employment or privacy law. Operators indemnify Adestio against claims arising from their unlawful use of the platform.

8. Acceptable Use

You agree not to use Adestio to:

• Violate any applicable law, regulation, or third-party rights;
• Impersonate another person or fraudulently misrepresent your identity in the biometric registration process;
• Attempt to clock in on behalf of another worker or allow another person to clock in using your registered face or credentials;
• Reverse-engineer, decompile, or attempt to extract the source code of the App;
• Use the platform to harass, discriminate against, or covertly surveil workers beyond the attendance verification purpose described in these Terms;
• Interfere with or disrupt the integrity or performance of the Adestio service or its infrastructure;
• Introduce malware, viruses, or malicious code;
• Attempt to gain unauthorised access to any part of the platform, other user accounts, or Adestio's systems;
• Use automated tools to scrape, extract, or collect data from the platform;
• Resell, sublicense, or commercialise access to Adestio without written permission.

Violation of this section may result in immediate account suspension or termination and, where applicable, legal action.

9. Third-Party Integrations

Adestio integrates with third-party accounting and payroll platforms including Xero, QuickBooks, Sage, FreshBooks, Wave, and others (collectively, "Third-Party Services"). These integrations are provided as a convenience; Adestio does not control and is not responsible for any Third-Party Service.

When you connect a Third-Party Service, you authorise Adestio to transmit relevant data (attendance records, worker names, hours worked, and related timesheet information) to that service in accordance with your configuration. Your use of Third-Party Services is subject to those providers' own terms and privacy policies.

Adestio is not liable for the availability, accuracy, or security of any Third-Party Service, or for any loss arising from data transmitted to a Third-Party Service in accordance with your instructions.

10. Intellectual Property

10.1 Adestio's IP

The Adestio platform, App, website, and all associated software, designs, trademarks, and content are the intellectual property of Adestio or its licensors. These Terms do not grant you any rights in Adestio's intellectual property except the limited right to use the service as described herein.

10.2 Your data

You retain ownership of all data you upload to or generate through Adestio (your attendance records, documents, and account information). By using Adestio, you grant us a limited, non-exclusive licence to store, process, and transmit your data solely as necessary to provide the service.

10.3 Feedback

If you provide suggestions, ideas, or feedback about Adestio, you grant us a royalty-free, perpetual, worldwide licence to use that feedback for any purpose without obligation to you.

11. Data Processing

Our collection and use of personal data is governed by our Privacy Policy. By using Adestio, you acknowledge and agree to the processing of your data as described therein.

Where Adestio processes personal data on behalf of an Operator (for example, worker attendance records), Adestio acts as a data processor and the Operator acts as the data controller. Operators requiring a formal Data Processing Agreement (DPA) for GDPR or equivalent compliance purposes may request one at hello@adestio.com.

12. Disclaimers

To the fullest extent permitted by applicable law:

• Adestio is provided "as is" and "as available" without warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.
• We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.
• Facial recognition technology, like all biometric systems, is not infallible. We do not warrant that identity verification will be accurate in all cases. Operators should not rely solely on Adestio's verification for purposes where a verification failure could have serious consequences.
• Geofencing accuracy is dependent on device GPS capability and environmental conditions. We do not warrant that geofence boundaries will be enforced with perfect precision.
• We do not warrant that data exported to or from Third-Party Services will be error-free.

Nothing in these Terms excludes liability that cannot be excluded by law (such as liability for death or personal injury caused by negligence, or for fraud).

13. Limitation of Liability

To the fullest extent permitted by applicable law, Adestio shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, or business opportunities;
• Losses arising from reliance on attendance or verification data generated by Adestio;
• Losses arising from the acts or omissions of Third-Party Services;
• Losses arising from unauthorised access to your account where you have failed to maintain reasonable security of your credentials.

Because Adestio is provided free of charge, our aggregate liability to you for any claim arising out of or relating to these Terms or the service shall not exceed one hundred US dollars (US$100), to the maximum extent permitted by law.

Some jurisdictions do not allow the exclusion or limitation of certain liabilities. In such jurisdictions, the above limitations apply to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Adestio and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Your unlawful or improper use of biometric or location data obtained through Adestio;
• Any employment or data protection claim brought by a worker arising from an Operator's use of Adestio;
• Any content or data you submit to or through Adestio that infringes a third party's rights.

15. Termination

15.1 By you

You may terminate your account at any time by deleting your account within the App or by contacting hello@adestio.com. Termination does not affect attendance records that an Operator is required to retain for legal compliance purposes.

15.2 By Adestio

We may suspend or terminate your account immediately without notice if we believe you have materially breached these Terms, if required by law, or if continued access poses a risk to the security or integrity of the platform. We will provide notice where we are able to do so.

15.3 Effect of termination

On termination, your right to use Adestio ceases. Biometric data will be deleted in accordance with the schedule in the Privacy Policy. Attendance records may be retained for the periods described therein. Sections 10, 12, 13, 14, and 16 survive termination.

16. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. For users located in the European Union or United Kingdom, mandatory consumer protections under applicable local law are not affected.

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved informally by contacting hello@adestio.com. If not resolved within 30 days, disputes shall be submitted to binding arbitration conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

Class action waiver: To the maximum extent permitted by law, you agree to resolve disputes with Adestio on an individual basis only, and not as part of any class or representative action.

Nothing in this section limits the right of users in the EU or UK to bring claims before their local courts or regulatory authorities, to the extent that applicable mandatory law requires this.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify registered users by email and/or by a prominent notice in the App at least 14 days before the change takes effect. For changes required by law, we may provide shorter notice.

Your continued use of Adestio after the effective date of any revised Terms constitutes your acceptance of those Terms. If you do not agree, you should stop using Adestio and delete your account.

18. Contact

If you have questions about these Terms, please contact: