Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing or using any Nessun products, services, applications, or platforms ("Services"), you agree to be bound by these Terms of Service. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

2. Description of Services

Nessun provides various digital products and services, which may include but are not limited to:

Workforce Management Tools including location tracking, attendance monitoring, and team coordination features that enable:

Employers to track and manage employee work locations
Employees to check in from work locations and view their attendance history
Organizations to generate reports and analytics on workforce distribution

Communication and Creative Tools including messaging, content sharing, and interactive applications

Educational and Learning Platforms for language learning, skill development, and training

Games and Entertainment Applications for recreation and engagement

The specific features and functionality available depend on the product or service you're using and your subscription plan.

3. Account Types and Responsibilities

3.1 Organization Accounts

Organizations ("Employers") are responsible for:

Ensuring they have legal authority to track employee locations
Complying with applicable labor and employment laws
Obtaining necessary employee consents for location tracking
Managing user access and permissions appropriately
Paying subscription fees in a timely manner

3.2 Employee Accounts

Employees are responsible for:

Providing accurate information during check-ins
Using the Services only for legitimate work purposes
Protecting their login credentials
Understanding their organization's policies regarding location tracking

4. Location Data and Privacy

4.1 Location Tracking

The Services collect and process location data when employees perform check-ins. This data is:

Only collected when explicitly initiated by the employee
Shared with the employee's organization
Used to provide attendance and location reporting features
Retained according to our data retention policies

4.2 Employee Rights

Employees have the right to:

Know when their location is being tracked
Access their own location history
Request deletion of their data (subject to legal retention requirements)
Understand how their data is used

4.3 Employer Obligations

Employers must:

Inform employees about location tracking policies
Use location data only for legitimate business purposes
Comply with applicable privacy and employment laws
Not use the Services to harass or inappropriately monitor employees

5. Acceptable Use

You agree not to:

Use the Services for any illegal purpose
Falsify check-in data or location information
Attempt to access accounts or data you're not authorized to view
Reverse engineer or attempt to extract source code from the Services
Use the Services in any way that could damage, disable, or impair our systems

6. Subscription and Payment

6.1 Billing

Subscriptions are billed based on your selected plan tier on a monthly or annual basis
Fees are charged in advance for each billing cycle
Upgrading your plan mid-cycle may result in prorated charges

6.2 Refunds

We offer a 14-day money-back guarantee for new subscriptions
If you're not satisfied within the first 14 days, contact us for a full refund
After 14 days, fees are non-refundable except in cases of:
- Service outages lasting more than 48 consecutive hours
- Billing errors on our part
- Other circumstances evaluated at our discretion on a case-by-case basis
To request a refund, email [email protected] with details about your case

6.3 Payment Terms

You must provide accurate and current billing information
You authorize us to charge your payment method for all fees
If payment fails, we may suspend access to the Services
Applicable taxes are included in the pricing and handled by our payment processor

6.4 Subscription Changes

You can upgrade, downgrade, or cancel your subscription at any time
Changes take effect at the start of the next billing cycle
Cancellation does not automatically trigger a refund for the current period
Unused time in the current billing cycle remains accessible until period end

7. Data Ownership and Usage

7.1 Your Data

You retain all rights to data you input into the Services, including employee information and location data. By using the Services, you grant us a limited license to process this data solely to provide and improve the Services.

7.2 Our Data Usage

We may use aggregated, anonymized data for:

Improving our Services
Developing new features
Industry research and benchmarking

This usage will never identify specific organizations or individuals.

8. Service Availability

8.1 Uptime

While we strive for high availability, we do not guarantee uninterrupted access to the Services. We may suspend the Services for maintenance or updates.

8.2 Changes to Services

We reserve the right to:

Modify or discontinue features with or without notice
Update pricing at any time with notice to affected users
Add or remove functionality as needed

9. Limitation of Liability

To the maximum extent permitted by law:

Nessun is not liable for indirect, incidental, or consequential damages
Our total liability for any claims arising from your use of the Services is limited to the amount you paid us in the 12 months preceding the claim
We are not responsible for decisions made using data or insights from our Services
We do not guarantee the accuracy or completeness of any data, reports, or analytics

10. Indemnification

You agree to indemnify Nessun against claims arising from:

Your violation of these Terms
Your violation of applicable laws or regulations
Unauthorized use of employee data or location information
Employment disputes or wrongful termination claims related to data from our Services

11. Termination

11.1 By You

You may cancel your subscription at any time. Upon cancellation:

Access to the Services ends at the close of the current billing period
You may export your data before cancellation
We will retain data according to our retention policy

11.2 By Us

We may suspend or terminate your account if:

You violate these Terms
Your payment fails and remains outstanding
You engage in fraudulent or illegal activity
Required by law or legal process

12. Data Retention and Deletion

We retain your data for as long as your account is active
After account deletion, data is retained for 30 days for recovery purposes
After 30 days, data is permanently deleted (except as required by law)
You can request immediate deletion by contacting support

13. International Use and Compliance

If you use the Services internationally, you're responsible for compliance with local laws, including:

Data protection regulations (GDPR, CCPA, LGPD, etc.)
Employment and labor laws
Location tracking and privacy laws

14. Governing Law and Disputes

These Terms are governed by the laws of Colombia. Disputes will be resolved through:

Good faith negotiation
Mediation if negotiation fails
Binding arbitration in Bogotá, Colombia

For users in the European Union, nothing in these Terms affects your statutory rights under EU law.

15. Changes to These Terms

We may update these Terms at any time. We'll notify you of material changes via:

Email to your account address
In-app notification
Notice on our website

Continued use after changes constitutes acceptance of the updated Terms.

16. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Nessun
Severability: If any provision is unenforceable, the rest remains in effect
No Waiver: Our failure to enforce a right doesn't waive that right
Assignment: We may assign these Terms; you may not without our consent

17. Contact Information

For questions about these Terms:

Email: [email protected]
Website: https://nessun.co

For legal notices:

Nessun
Bogotá, Colombia
[email protected]