4. Fees, Billing, and Renewal
In plain English: Account Owners pay. Subscriptions renew automatically until you cancel, and cancellation takes effect at the end of the period you already paid for.
ACCOUNT OWNERS ONLY: The Account Owner is responsible for all fees on behalf of the Company. We offer plans at different prices and billing intervals, which may be charged per location, per user, per employee, per feature, or per transaction ("Subscription Fees"). You authorize us and our payment processors to store your payment method and charge it for all fees, taxes, renewals, add-ons, and other amounts due.
We may change Subscription Fees. If you are on a recurring plan we will give you at least thirty (30) days' notice before a change takes effect, and the change will apply at your next renewal.
AUTOMATIC RENEWAL: YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT RATE UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME FROM YOUR ACCOUNT SETTINGS, BY EMAILING support@mdmltechnologies.com, OR BY MAIL TO MDML Technologies LLC, 208 N 5th St, Flagler Beach, FL 32136. CANCELLATION TAKES EFFECT AT THE END OF THE BILLING PERIOD THEN IN PROGRESS. EXCEPT WHERE THE LAW REQUIRES OTHERWISE, FEES ALREADY PAID ARE NOT REFUNDABLE OR PRORATED.
If a payment fails, we will notify you and give you an opportunity to fix it. If payment is not received within ten (10) days, we may suspend or limit your account until it is. A suspended account may lose access to features, integrations, exports, and support.
You are responsible for all sales, use, and similar taxes arising from your use of the Service, other than taxes on our income.
10. Notifications and Electronic Communications
In plain English: We will contact you electronically, and notifications can fail. Do not rely on a push notification as your only safeguard.
By using the Service you consent to receive communications from us electronically - in the app, by push notification, by email, and, where you enable it, by text message. These include service and transactional messages such as schedule publications, shift reminders, time-clock and no-show alerts, time-off decisions, task and help alerts, team messages, billing notices, and security notices.
You may opt out of marketing messages at any time, and out of text messages by replying STOP where that option is offered. Service and account messages are not marketing and may continue. Message and data rates may apply, and those charges are yours.
Before using the Service to contact anyone, you must have obtained any consent the law requires and must honor opt-outs, quiet hours, and your own workplace policies.
NOTIFICATIONS ARE DELIVERED THROUGH DEVICES, OPERATING SYSTEMS, AND CARRIER AND PUSH NETWORKS WE DO NOT CONTROL. THEY MAY BE DELAYED, DUPLICATED, SUPPRESSED, OR NEVER DELIVERED - INCLUDING ALERTS ABOUT MISSED SHIFTS, NO-SHOWS, SCHEDULE CHANGES, AND URGENT HELP REQUESTS. WE ARE NOT LIABLE FOR ANY FAILED OR DELAYED NOTIFICATION, AND YOU MUST NOT RELY ON NOTIFICATIONS AS YOUR SOLE MEANS OF SUPERVISION, STAFFING, OR EMERGENCY RESPONSE.
11. Your Data
In plain English: Your data stays yours. We use it to run and improve the Service, and we do not sell it or use identifiable employee data to train AI models.
"Your Data" means everything you and your Authorized Users put into the Service - employees, schedules, time records, messages, tasks, documents, settings, and anything else. As between you and us, Your Data belongs to you.
You grant us a non-exclusive license to host, store, copy, transmit, display, and process Your Data as needed to provide, secure, support, troubleshoot, and improve the Service, to comply with law, and to enforce this Agreement. That license ends when we delete Your Data in accordance with our retention practices.
We may generate aggregated and de-identified statistics about how the Service is used, and we may use those to operate and improve the Service. We will not attempt to re-identify individuals from them.
WHAT WE DO NOT DO: We do not sell Your Data. We do not share it with third parties for their own marketing. We do not use identifiable employee, applicant, or Authorized User data to train artificial intelligence models. Where we use a third-party AI provider to power assistant features, we use business or enterprise terms under which your content is not used to train that provider's models.
You are responsible for the accuracy and legality of Your Data, for having the right to provide it, and - where you are the employer, business, or controller of worker data - for giving privacy notices, obtaining consents, honoring individual privacy rights requests, and instructing us only in ways the law permits. Direct privacy questions or requests to support@mdmltechnologies.com; where a request concerns a worker at your Company, we will generally route it to you unless the law requires us to act on it directly.
Our handling of personal information is described further in our Privacy Policy, which forms part of this Agreement.
15. Templates, Guidance, and Support Content
We may provide templates, checklists, help articles, sample policies, and general guidance about topics such as scheduling, breaks, overtime, onboarding, and recordkeeping. All of it is general information for convenience only. It is not legal, tax, accounting, payroll, benefits, or HR advice, may not be current or correct for your jurisdiction, and must be reviewed with your own advisers before you rely on it.
16. AI and Automated Features
In plain English: The assistant can change things in your account when you ask it to. You are responsible for checking its work and for every decision about a worker.
The Service includes AI-powered features, including a voice assistant ("AI Features"). AI Features can read data in your account and, at your instruction and within the permissions of the person using them, take actions - creating and editing shifts, publishing schedules, clocking in and out, filing and deciding requests, creating and completing tasks, and sending notifications to your team. This Section 16 governs AI Features and controls over any conflicting provision elsewhere in this Agreement.
OUR ROLE AND YOURS. We build and provide AI Features as tools. We are not your employer, agent, or representative, we exercise no independent discretion over your workforce, and we make no employment decision. Actions taken by an AI Feature at the instruction of you or an Authorized User are your actions, and you are responsible for them - including where an instruction was misheard, ambiguous, incomplete, or given by someone you authorized. Outputs such as recommendations, rankings, drafts, summaries, and forecasts are suggestions only.
HUMAN REVIEW REQUIRED. You must review AI Feature outputs and actions and apply independent human judgment before relying on them. You must not configure or use AI Features to automatically take adverse action against any worker or applicant - including screening out, discipline, schedule reduction, pay change, or termination - without meaningful human review before the action takes effect.
YOUR COMPLIANCE OBLIGATIONS. Laws governing AI in employment vary by jurisdiction and change quickly. Where they apply to you, you are responsible for: giving notice to workers and applicants that AI is in use; obtaining consents; conducting or obtaining any required bias audit, impact assessment, or validation; offering appeal, accommodation, or human-review processes; keeping records of AI-assisted decisions and the criteria behind them; and not using AI Features to discriminate or retaliate, including through criteria that operate as proxies for protected characteristics. We do not warrant that the Service satisfies any obligation that applies to you, and it is your responsibility to determine which laws apply to your business.
VOICE PROCESSING. When you use the voice assistant, audio from your device is transmitted to and processed by us and our AI provider to interpret and act on your request. Do not use the voice assistant to dictate information you are not permitted to disclose, and tell your team that voice features are available and how they work. Anyone who can use an authorized device may be able to act through the assistant with that user's permissions.
NOT A CONSUMER REPORT. AI Feature outputs are not consumer reports, and we are not a consumer reporting agency. If you combine outputs with third-party data or use them for background screening purposes, you are responsible for determining whether the Fair Credit Reporting Act or any state analog applies to you and for meeting its requirements.
AI FEATURES CAN PRODUCE INCORRECT, INCOMPLETE, OR UNSUITABLE RESULTS, AND CAN ACT ON A MISUNDERSTOOD INSTRUCTION. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, LAWFULNESS, OR FITNESS OF ANY AI OUTPUT OR ACTION FOR ANY PURPOSE, AND YOU USE THEM AT YOUR OWN RISK.
25. Disputes, Arbitration, and Class Action Waiver
In plain English: Most disputes must go to individual arbitration instead of court, and you give up class actions - but you can opt out within thirty days by emailing us.
TALK TO US FIRST. Before starting any formal proceeding, email support@mdmltechnologies.com describing the problem and give us thirty (30) days to try to resolve it. Most issues can be settled this way.
AGREEMENT TO ARBITRATE. Except as stated below, you and we agree that any dispute arising out of or relating to this Agreement or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Arbitration will be conducted by telephone or videoconference, or by document submission, unless the arbitrator determines an in-person hearing is needed, in which case it will be held in Flagler County, Florida. The arbitrator may award any relief a court could award on an individual basis.
CLASS ACTION WAIVER: YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM MUST PROCEED IN COURT AND NOT IN ARBITRATION.
HOW TO OPT OUT. You may opt out of arbitration and the class action waiver by emailing support@mdmltechnologies.com within thirty (30) days after you first accept this Agreement, stating your name, the email on your account, and that you are opting out. Opting out will not affect any other part of this Agreement, and we will not hold it against you.
WHAT IS NOT ARBITRATED. This section does not apply to: claims that qualify for small claims court and stay there; claims for injunctive relief regarding intellectual property, confidentiality, or unauthorized access; or any claim that applicable law does not permit to be arbitrated or to be subject to a pre-dispute waiver of a judicial forum.
JURY TRIAL WAIVER: TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
This section survives termination of this Agreement.
27. General Terms
NOTICES. We may send you notices by email to the address on your account or by posting them in the Service. Send legal notices to us at support@mdmltechnologies.com and at 208 N 5th St, Flagler Beach, FL 32136.
ASSIGNMENT. You may not assign this Agreement without our written consent. We may assign it, including in connection with a merger, acquisition, or sale of assets.
SEVERABILITY AND WAIVER. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest of the Agreement remains in effect. Our failure to enforce a provision is not a waiver of it.
FORCE MAJEURE. Neither of us is liable for a failure to perform caused by events beyond reasonable control, including outages of internet, cloud, carrier, or third-party services, natural disasters, or governmental action.
SURVIVAL. Sections concerning fees owed, data export, your data, confidentiality, disclaimers, liability limits, indemnification, disputes, and governing law survive termination.
ENTIRE AGREEMENT. This Agreement, together with our Privacy Policy and any plan-specific or feature-specific terms we present to you, is the entire agreement between us about the Service and supersedes any prior discussions. Where feature-specific terms conflict with this Agreement, the feature-specific terms control for that feature.
HEADINGS. Headings and plain-language summaries are for convenience and do not affect interpretation. Where a summary and the legal text differ, the legal text controls.
Questions about this Agreement? Contact support@mdmltechnologies.com.