Terms of Service
These terms govern use of MixStaff provided by MixCommerce. They should be read with the MixCommerce Terms of Service published at mixcommerce.co. By creating an account or using MixStaff you agree to these terms on behalf of the organization you represent.
1. The service
MixStaff is software for tracking time and attendance and managing teams. It is a tool: the organization using it decides how it is configured and used.
2. Accounts
You must provide accurate information, keep credentials secure and ensure that only authorized people use the account. You are responsible for activity under your account. Tell us promptly at support@mixcommerce.co if you suspect unauthorized access.
3. Customer responsibilities and data
The Customer owns its data and is solely responsible for the content it places in MixStaff and for how it collects and uses data about people. In particular the Customer is responsible for:
- having a lawful basis and any required notices, consultations and assessments before enabling monitoring;
- deciding what to collect, who may access it and how long to retain it;
- complying with employment, privacy and data protection laws that apply to it;
- not using MixStaff to monitor people covertly or in ways the law prohibits;
- not using activity measurements as the only basis for employment decisions where the law restricts this.
MixCommerce processes Customer personal data as a processor under our GDPR Policy and Privacy Policy.
4. Acceptable use
You must not misuse the service, attempt to access data of other organizations, interfere with its operation, reverse engineer it except as permitted by law, send unlawful content, or use it to infringe the rights of others.
5. Fees and billing
Paid plans are billed in advance on a recurring basis through our payment provider, Paddle, which acts as merchant of record. Prices are shown at purchase. Taxes are added where required. You can cancel at any time, effective at the end of the paid period. Refunds are governed by our Refund Policy.
6. Availability and changes
We aim to keep MixStaff available but do not guarantee uninterrupted service. We may update features and will give reasonable notice of material changes that reduce functionality.
7. Data at the end of the service
On termination the Customer may export its data. After a reasonable period following termination, which we will communicate, we delete Customer data subject to legal obligations and backup cycles.
8. Intellectual property
MixCommerce and its licensors own MixStaff and related materials. We grant the Customer a limited, non-exclusive, non-transferable right to use it during the subscription. Customers keep ownership of their data.
9. Disclaimers
MixStaff is provided "as is" to the extent permitted by law. Activity percentages and similar measures describe computer interaction only. They are not measures of productivity, quality or performance and should be interpreted with care.
10. Limitation of liability
To the extent permitted by law, MixCommerce is not liable for indirect or consequential loss, loss of profit or data resulting from use of the service, and its total liability for claims relating to the service is limited to the fees paid by the Customer in the twelve months before the claim arose. Nothing limits liability that cannot be limited by law.
11. Suspension and termination
We may suspend or end access for material breach, non-payment or legal requirement. You may stop using the service at any time.
12. Changes to these terms
We may update these terms and will publish the new version with its date. Continued use after the change means acceptance.
13. Governing law
The governing law and venue are those stated in your order or agreement with MixCommerce. If none is stated, the terms published at mixcommerce.co apply.