Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of The Green Dots service, including our website at thegreendots.io and application at app.thegreendots.io (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and The Green Dots. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

The Green Dots is a Microsoft 365 presence tracking service that:

• Captures and stores historical presence data (Available, Busy, Away, Offline, etc.)
• Provides 24-hour presence timelines for team members
• Generates automated weekly reports and availability insights
• Analyzes work patterns and team availability across timezones

The Service integrates with Microsoft 365 via the Microsoft Graph API and requires an active Microsoft 365 subscription (not provided by us).

3. Eligibility

You must meet the following requirements to use the Service:

• Be at least 18 years old
• Have the authority to bind your organization to these Terms (if using on behalf of a company)
• Possess a valid Microsoft 365 Business or Enterprise subscription
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations in your jurisdiction

The Service is intended for business use only. We do not knowingly collect information from children under 16.

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must create an account by authenticating with your Microsoft 365 credentials via OAuth 2.0. You agree to provide accurate, current, and complete information during registration.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Using strong passwords and enabling multi-factor authentication

4.3 Administrator Responsibilities

If you are an administrator, you are responsible for managing access permissions, ensuring compliance with employee privacy laws, and notifying team members that their presence is being tracked.

5. Subscription and Pricing

5.1 Free Trial

We offer a 7-day free trial with no credit card required. The trial includes full access to all features for up to 25 users. At the end of the trial, your account will be downgraded unless you subscribe to a paid plan.

5.2 Paid Subscriptions

• Standard Plan: $2.00 per seat per month (billed monthly or annually)
• Volume Discounts: Available for organizations with 25+ seats
• Enterprise Plan: Custom pricing for 100+ seats with dedicated support

5.3 Billing and Payment

• Subscriptions are billed in advance on a monthly or annual basis
• Payments are processed securely through Stripe
• All fees are in U.S. Dollars (USD) unless otherwise specified
• You authorize us to charge your payment method on each billing cycle
• Pricing is subject to change with 30 days' notice

5.4 Seat Count and Upgrades

Your subscription is based on the number of active users ("seats"). You can add seats at any time. New seats are prorated for the current billing period. Removing seats takes effect at the next billing cycle.

5.5 Taxes

All fees are exclusive of taxes, levies, or duties. You are responsible for paying all applicable taxes associated with your purchase.

6. Cancellation and Refunds

6.1 Cancellation

You may cancel your subscription at any time from your account settings or by contacting support@thegreendots.io. Cancellation takes effect at the end of your current billing period. You will retain access until the paid period expires.

6.2 Refund Policy

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Prorated refunds available within 30 days of initial purchase
• Free trial: No charges, no refunds needed

Refunds are processed within 7-10 business days to your original payment method.

6.3 Account Termination by Us

We reserve the right to suspend or terminate your account if you violate these Terms. In such cases, you will not be entitled to a refund.

7. Acceptable Use Policy

7.1 Permitted Uses

You may use the Service to:

• Track presence data for legitimate business purposes (work-life balance, team coordination)
• Generate reports for internal business analysis
• Optimize distributed team scheduling and availability

7.2 Prohibited Uses

You may NOT:

• ❌ Use the Service to micromanage or harass employees
• ❌ Track presence without notifying affected individuals
• ❌ Violate any applicable employment, privacy, or data protection laws
• ❌ Use the Service for performance reviews or disciplinary actions without proper context
• ❌ Reverse engineer, decompile, or attempt to extract source code
• ❌ Resell, sublicense, or redistribute the Service
• ❌ Use automated scripts to overload our systems (API rate limits apply)
• ❌ Interfere with or disrupt the Service or servers
• ❌ Upload malicious code, viruses, or malware
• ❌ Impersonate others or misrepresent your affiliation
• ❌ Violate any laws or regulations

7.3 Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.

8. Data Ownership and Rights

8.1 Your Data

You retain ownership of all presence data collected through your account ("Customer Data"). We do not claim any ownership rights to your Customer Data.

8.2 License to Us

You grant us a limited license to store, process, and display your Customer Data solely to provide the Service. We may also use anonymized, aggregated data for analytics and service improvement.

8.3 Data Portability

You can export your Customer Data in CSV or JSON format at any time from your account dashboard.

8.4 Data Deletion

Upon cancellation, your Customer Data is retained for 90 days and then permanently deleted. You can request immediate deletion by contacting support@thegreendots.io.

9. Privacy and Security

We take data security seriously. Please review our Privacy Policy for details on how we collect, use, and protect your information.

We implement industry-standard security measures including:

• TLS 1.3 encryption for data in transit
• AES-256 encryption for data at rest
• Role-based access controls
• Regular security audits and penetration testing
• 24/7 threat monitoring and intrusion detection

However, no system is 100% secure. You acknowledge that you use the Service at your own risk.

10. Service Availability and Support

10.1 Uptime Commitment

We strive for 99.9% uptime but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (announced 48 hours in advance)
• Emergency maintenance or security patches
• Third-party service outages (Microsoft Azure, Microsoft Graph API)
• Force majeure events beyond our control

10.2 Support

• Standard Plan: Email support (support@thegreendots.io) with 24-hour response time
• Enterprise Plan: Priority support with dedicated account manager

10.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any feature of the Service with reasonable notice. We will notify you of material changes via email or in-app notification.

11. Intellectual Property

11.1 Our IP

The Service, including all software, designs, graphics, logos, and content, is owned by The Green Dots and protected by copyright, trademark, and other intellectual property laws.

11.2 Limited License

We grant you a non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license terminates upon cancellation of your subscription.

11.3 Trademarks

"The Green Dots" and our logo are trademarks of The Green Dots. You may not use our trademarks without prior written permission.

11.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without compensation or attribution.

12. Disclaimers and Limitations of Liability

12.1 "AS IS" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GREEN DOTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions (e.g., Microsoft API changes, Azure outages)

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

12.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Green Dots, its officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including legal fees) arising from:

• Your use of the Service
• Violation of these Terms
• Violation of applicable laws or third-party rights
• Your failure to notify employees of presence tracking
• Misuse of Customer Data

14. Term and Termination

14.1 Term

These Terms remain in effect while you use the Service.

14.2 Termination by You

You may terminate these Terms by canceling your subscription and ceasing use of the Service.

14.3 Termination by Us

We may suspend or terminate your access immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay subscription fees
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

14.4 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• You must stop using the Service
• Your Customer Data will be retained for 90 days, then deleted
• Sections 8, 11, 12, 13, 15, and 16 of these Terms survive termination

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict of law principles.

15.2 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve disputes informally by contacting support@thegreendots.io. We will attempt to resolve the issue within 30 days.

15.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration will take place in [Your City, State].

15.4 Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as part of a class action or representative proceeding.

15.5 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or violation of confidentiality obligations.

16. General Provisions

16.1 Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Green Dots regarding the Service.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

16.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor.

16.6 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

16.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

17. Contact Information

If you have questions about these Terms, please contact us:

18. Summary (TL;DR)

• ✅ 7-day free trial, then $2/seat/month
• ✅ You own your data, we just store it
• ✅ Cancel anytime, prorated refunds on annual plans
• ✅ Use responsibly - notify employees of tracking
• ✅ We're not liable for indirect damages
• ✅ Disputes resolved through arbitration
• ✅ Contact legal@thegreendots.io with questions