Last updated: October 29, 2026
Terms & conditions
These General Terms and Conditions (the "Agreement") are a binding legal agreement between you and the business you represent ("Customer", "you", or "your") and Evomind Systems Inc. ("Evomind", "Timedigo", "we", "our", or "us"). They govern access to and use of the Timedigo software, websites, APIs, mobile applications, and related cloud services (collectively, the "Service"). By creating an account, clicking to accept, subscribing, or using the Service, you agree to this Agreement.
1. Definitions
- Account: A registered Timedigo business account and its users.
- Customer Data: Data submitted to the Service by or on behalf of Customer, including Workforce Data.
- Workforce Data: Information about Customer's employees, including names, contact details, pay rates, schedules, PINs, badges, attendance records, and location captured at clock events.
- Mobile Device: A phone or tablet running the Timedigo mobile app that Customer registers to record attendance.
- Fees: Subscription and other charges payable under this Agreement.
- Order Form: Any checkout page, subscription selection, invoice, or accepted proposal that references this Agreement.
2. Eligibility and authority
You represent and warrant that you are at least the age of majority where you reside and have authority to bind Customer. If you use the Service on behalf of an organization, you bind that organization to this Agreement. The Service is for business use only.
3. License and acceptable use
3.1 License grant
Subject to this Agreement and payment of all Fees, Evomind grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for its internal business purposes.
3.2 Restrictions
- No reverse engineering, decompiling, disassembling, or attempting to discover source code.
- No copying, framing, mirroring, scraping, publishing benchmarks, or creating derivative works except as expressly allowed in writing.
- No resale, sublicensing, renting, timesharing, or service bureau use without written approval.
- No use in violation of law, including employment standards, privacy, anti-spam, and telecommunications laws.
- No use of the Service to monitor employees beyond recording their attendance, or to collect location outside clock-in, clock-out, and break events.
- No uploading malware, harmful code, or content that infringes rights or is unlawful, abusive, or fraudulent.
- No circumvention of security controls, rate limits, PIN lockouts, access controls, or account boundaries.
3.3 Suspension rights
We may suspend or limit access immediately, without liability, if we reasonably believe your use creates legal, security, operational, or financial risk, violates this Agreement, or if Fees are past due.
4. Free trial, fees, billing, and taxes
4.1 Free trial
New Accounts receive a five (5) day free trial of Timedigo Pro. No payment card is required to start. When the trial ends without a subscription, the dashboard becomes read-only: Customer can still view and export its data, and registered Mobile Devices may continue recording attendance, but changes are paused until Customer subscribes. Trial terms may change for new Accounts at any time.
4.2 Subscription and auto-renewal
Timedigo Pro is billed monthly in advance through our payment processor, Stripe, at the price shown at checkout. Subscriptions renew automatically each month until canceled. If Customer subscribes during the free trial with more than two days of the trial remaining, the first charge is made when the trial ends.
4.3 Cancellation
The Account owner can cancel at any time from the billing portal in the dashboard. Cancellation takes effect at the end of the current billing period, and access continues until then. After that, the Account becomes read-only as described in Section 4.1.
4.4 Non-payment
If a payment fails, our payment processor will retry it and we will ask Customer to update its payment method. Late amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs. We may make the Account read-only, suspend, or terminate it for non-payment.
4.5 No refunds
Except where required by non-waivable law, all Fees are non-cancelable and non-refundable, including partial months.
4.6 Taxes
Fees are exclusive of taxes, duties, levies, or similar governmental assessments. Customer is responsible for all such charges, excluding taxes based on Evomind's net income.
4.7 Fee changes
We may change Fees for future billing periods by giving notice before the change takes effect. Continued use after the effective date constitutes acceptance.
4.8 Billing disputes
Billing disputes must be submitted in writing within thirty (30) days of the charge date, or the charge is deemed final and accepted.
5. Term, termination, and data access
5.1 Termination rights
Either party may terminate for material breach not cured within ten (10) days after notice. Evomind may terminate immediately for unlawful activity, fraud, abuse, insolvency, sanctions risk, or security threats. Customer may close its Account at any time from the dashboard settings.
5.2 Effect of termination
Upon termination, all rights granted to Customer end and Customer remains liable for all accrued Fees. We may delete or anonymize Customer Data thirty (30) days after termination unless legally prohibited. Customer is solely responsible for exporting timesheets and any other records it must keep before termination or within that thirty-day period.
6. Customer Data, employees, and communications
6.1 Customer responsibility
Customer is solely responsible for Customer Data, including its legality, accuracy, quality, and permissions, and for complying with the employment, privacy, and record-keeping laws that apply to its business.
6.2 Notice to employees
Customer is responsible for informing its employees that their attendance is recorded with Timedigo, including location captured at clock events when location checks are enabled, and for obtaining any consent that applicable law requires.
6.3 Timesheets and payroll
Timedigo calculates hours, breaks, and overtime from Customer's settings and the attendance recorded on its Mobile Devices. These calculations are a tool, not legal or payroll advice. Customer must review and approve timesheets before paying wages and remains solely responsible for paying wages correctly, applying overtime and break rules, and keeping payroll records as required by law. Evomind is not responsible for wage, overtime, or record-keeping errors.
6.4 Data processing
Our handling of personal information is described in our Privacy policy. Customer instructs Evomind to process Workforce Data as needed to provide the Service, and Evomind will process it only for that purpose.
6.5 Messages
The Service sends operational emails and text messages, such as verification codes, account activation, and team invitations. Customer is responsible for having the right to send invitations to the people it adds, and for complying with CASL and similar laws when it does.
6.6 Security of accounts and devices
Customer is responsible for keeping passwords, the kiosk admin PIN, and employee PINs and badges confidential, for the physical security of its Mobile Devices, and for all activity under its Account. Customer must promptly sign out lost or stolen Mobile Devices from the dashboard and notify us immediately of any unauthorized access.
7. Intellectual property
Evomind and its licensors own all right, title, and interest in and to the Service, including all software, technology, content, trademarks, and improvements. No rights are granted except as expressly stated.
Customer grants Evomind a worldwide, non-exclusive, royalty-free license during the term to host, process, transmit, and display Customer Data to provide the Service. Evomind may use de-identified and aggregated data for analytics, security, and service improvement.
8. Confidentiality
Each party will protect the other party's confidential information using reasonable care and will use it only for purposes of this Agreement. Confidential information excludes information that is publicly available without breach, already known without restriction, independently developed, or lawfully received from a third party. A party may disclose confidential information when required by law.
9. Third-party services
The Service relies on third-party providers, including payment processing (Stripe), email delivery (Amazon Web Services), text messaging (Twilio), cloud hosting (DigitalOcean), and app stores (Apple and Google). We do not control and are not responsible for third-party services, their terms, downtime, data practices, or failures.
10. Warranties disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EVOMIND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION, THAT EVERY ATTENDANCE EVENT WILL BE RECORDED OR SYNCED, OR THAT DEFECTS WILL BE CORRECTED.
11. Limitation of liability
11.1 Damages exclusion
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOMIND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, WAGE CLAIMS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
11.2 Liability cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOMIND'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO EVOMIND FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
Customer will defend, indemnify, and hold harmless Evomind and its officers, directors, employees, affiliates, contractors, and agents from and against all claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable legal fees) arising from or related to Customer Data, Customer's use of the Service, Customer's employment practices or payroll, Customer's breach of this Agreement, or Customer's violation of applicable law.
13. Governing law; arbitration; class action waiver
13.1 Governing law
This Agreement is governed by the laws of British Columbia, Canada, and the federal laws of Canada applicable there, without regard to conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
13.2 Binding arbitration
Any dispute, claim, or controversy arising from or relating to this Agreement or the Service will be finally resolved by confidential, binding arbitration administered by the Vancouver International Arbitration Centre (VanIAC) under its applicable rules then in effect. The seat of arbitration is Vancouver, British Columbia, Canada. Proceedings will be in English. Judgment on the award may be entered in any court of competent jurisdiction.
13.3 Exceptions
Either party may seek interim or injunctive relief in any court of competent jurisdiction to protect confidentiality, intellectual property, or security interests, without waiving arbitration rights.
13.4 Class action waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
13.5 Jury trial waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE NOT SUBJECT TO ARBITRATION.
14. Export controls and sanctions
Customer will not use or allow use of the Service in violation of export control, trade sanctions, or anti-boycott laws. Customer represents it is not located in, ordinarily resident in, or controlled by persons in restricted jurisdictions or on prohibited party lists.
15. Force majeure
Evomind is not liable for delay or failure to perform caused by events beyond reasonable control, including internet failures, cloud outages, telecommunications disruptions, labor disputes, government actions, natural disasters, war, or cyberattacks.
16. Changes to this Agreement
We may update this Agreement from time to time. We will post the updated version on this page and change the "Last updated" date, and notify Account owners of material changes by email or in the dashboard. Continued use after the effective date constitutes acceptance.
17. General provisions
- Assignment: Customer may not assign this Agreement without our prior written consent. We may assign it in connection with a merger, acquisition, reorganization, or sale of assets.
- Notices: Notices may be provided by email, account notification, or posting in the Service.
- Severability: If any provision is unenforceable, the remaining provisions remain in effect and will be interpreted to best reflect the parties' intent.
- No waiver: Failure to enforce any right is not a waiver of that right.
- Entire agreement: This Agreement and the documents it incorporates, including the Privacy policy, are the entire agreement and supersede prior agreements on the subject matter.
- Precedence: If an Order Form conflicts with this Agreement, the Order Form controls only where it expressly overrides this Agreement.
Contact information
Evomind Systems Inc.
Email: info@evomindsystems.com
Phone: 236-998-9029
For legal notices, contact us at the email above unless a different address is provided in writing.