Terms of Service for Punch

These Terms of Service (“Terms”) govern your access to and use of the Punch mobile application, the Punch web application, and related services (collectively, “the Service”) provided by Gomez Inc. (“we,” “us,” “our”). By creating an account, subscribing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms are in addition to Apple’s standard Licensed Application End User License Agreement, which applies to your use of any application downloaded from the App Store. Where these Terms and Apple’s standard EULA conflict, these Terms control as between you and Gomez Inc.

1. The Service

Punch is a workforce timekeeping application for small businesses. It allows employees to punch in and out at job sites with location-based verification, and allows employers to review and approve work hours. The Service is provided through a mobile application, a web application, and a backend operated by Gomez Inc.

2. Eligibility

• You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with the consent of a parent or legal guardian.
• You must provide accurate registration information and keep it current.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3. Organizations and Roles

The Service operates around organizations. Each organization has three roles, each with different permissions:

• Owner— creates and administers the organization, manages billing, and is the primary point of contact for the organization’s account.
• Manager — reviews and approves time entries, manages employees within the organization.
• Employee — punches in and out, views their own time entries.

If you are an Owner, you represent and warrant that you have authority to bind the organization to these Terms, you are responsible for the conduct of all members of your organization within the Service, and you are solely responsible for ensuring your use of the Service complies with applicable employment, labor, wage, privacy, and tax laws in your jurisdiction.

If you are a Manager or Employee, you understand that your name, contact information, time entries, and punch-in and punch-out locations will be visible to your organization’s Owner and Managers. By participating in an organization, you consent to this collection and disclosure within that organization.

4. Subscriptions and Billing

Punch is offered as a recurring subscription billed through Apple’s In-App Purchase system. By subscribing, you agree to the following:

• Pricing tiers are based solely on the maximum number of active employees in your organization. All paid tiers include the same features. The current tier list and pricing are shown inside the App.
• Subscriptions are purchased by the organization’s Owner through their Apple ID and are billed and renewed by Apple.
• A free trial may be offered when you first subscribe. If offered, the trial converts to a paid subscription automatically at the end of the trial period unless you cancel beforehand through your Apple ID Subscription settings.
• Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the renewal date through Apple’s standard subscription management.
• Refunds are handled by Apple under Apple’s refund policies. Gomez Inc. cannot issue refunds directly for in-App purchases. To request a refund, contact Apple Support.
• If your subscription lapses, expires, or is cancelled, your organization’s data is preserved but Owner write-actions (such as inviting new employees, editing settings, or approving entries) may be restricted until the subscription is reinstated. Existing time entries remain readable by Owners and Managers.

5. Acceptable Use

You agree not to:

• Submit false or misleading punch-in or punch-out events, including by spoofing location data.
• Use the Service to commit wage fraud, evade employment law, or otherwise violate the rights of any worker, employer, or third party.
• Attempt to access data belonging to another organization, reverse engineer the Service, or interfere with its operation.
• Use the Service to harass, threaten, or intimidate other users.
• Use the Service in any manner that violates applicable law.

We reserve the right to suspend or terminate accounts that violate these provisions, with or without notice depending on the severity of the violation.

6. Data Ownership

• Organization data (time entries, job sites, employee roster, organization settings) belongs to the organization. The Owner is responsible for managing access to this data within the organization and for any onward use of it.
• Personal account data (your email, name, profile information) belongs to you. You can request deletion at any time, subject to the retention rules described in our Privacy Policy.
• Aggregated and anonymized data derived from Service usage may be retained and used by Gomez Inc. to operate, improve, and secure the Service, provided it cannot reasonably be used to identify you or your organization.

7. The Service Is Provided “As Is”

Punch is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.

Specifically:

• We do not guarantee the Service will be available without interruption, error-free, or free from data loss. Outages, bugs, and maintenance windows occur.
• Location verification depends on device GPS, network conditions, and operating-system permissions outside our control. Geofence checks are a verification aid, not an absolute proof of presence.
• Time entries and reports generated by the Service are records of what was logged in the App. They do not constitute legal, payroll, tax, or HR advice. You are responsible for verifying that your use of these records complies with applicable wage, hour, overtime, recordkeeping, and tax laws.
• The Service is not a payroll system. We do not pay wages, calculate withholdings, or file tax forms on your behalf.

8. Limitation of Liability

To the maximum extent permitted by law, Gomez Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or related to your use of the Service, even if advised of the possibility of such damages.

Our total cumulative liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid Gomez Inc. through the Service in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless Gomez Inc., its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or the rights of any third party, including any employee, contractor, or member of your organization, or (d) any dispute between you and another user, employee, or third party related to your use of the Service.

10. Termination

• You may stop using the Service and delete your account at any time through the App’s Account settings.
• We may suspend or terminate your access to the Service if you violate these Terms, if continued operation poses a legal or security risk, or if we discontinue the Service in your region.
• Upon termination, your right to access the Service ends immediately. Provisions of these Terms that by their nature should survive (including data ownership, limitation of liability, indemnification, and dispute resolution) will survive termination.
• Account-deletion requests are processed within 30 days, as described in our Privacy Policy.

11. Changes to the Service and Terms

We may update, modify, or discontinue features of the Service at any time, with or without notice. We may also change these Terms from time to time. Material changes will be announced in the App or by email at least 14 days before they take effect (except where a shorter period is required by law or by a security or legal need). Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. The “Last updated” date at the top of this page indicates when these Terms were most recently revised.

12. Pricing Changes

We may change subscription prices in the future. Any price change will be communicated to active subscribers in advance through Apple’s standard subscription notification flow. You will have the opportunity to accept the new price or cancel before it takes effect.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles.

Before filing any formal claim, you agree to first contact us at punchapp.support@gmail.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within 60 days of receiving your written notice.

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through informal negotiation shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in Texas or, at your option, in the U.S. county where you reside. Judgment on the award may be entered in any court of competent jurisdiction.

You and Gomez Inc. each waive the right to a jury trial and the right to participate in a class action. Disputes will be resolved on an individual basis only.

Notwithstanding the above, either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction.

14. Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policyand Apple’s Licensed Application End User License Agreement, constitute the entire agreement between you and Gomez Inc. regarding the Service and supersede any prior agreements between us regarding the Service.

16. Contact

For questions about these Terms:

• Email: punchapp.support@gmail.com
• Company: Gomez Inc.
• Mailing address: 160 Tiger Ridge, Venus, TX 76084, United States