Terms and Conditions

1. About These Terms

These Terms and Conditions ("Terms") govern access to and use of the GetsDay cloud-based time attendance service, including its website, web portal, mobile applications for iOS and Android, related software, updates, documentation, support, and other features made available by Micware Asia Pacific Co., Ltd. (collectively, the "Service"). The Service is provided by Micware Asia Pacific Co., Ltd., No. 8, T-One Building, Sukhumvit 40, Phra Khanong, Khlong Toei, Bangkok 10110, Thailand ("Company", "we", "us", or "our").

By creating an account, accepting an order or quotation that refers to these Terms, the customer and each authorized user agree to these Terms. If there is a conflict, the following order of precedence applies: (1) a signed written agreement; (2) an accepted order, quotation, or service plan; (3) these Terms; and (4) service documentation.

2. Definitions

"Customer" means the individual, company, employer, or organization that subscribes to or is authorized to use the Service.

"Authorized User" means an employee, contractor, administrator, or other person whom the Customer permits to use the Service.

"Customer Data" means data, records, content, and information submitted to, generated through, or stored in the Service on behalf of the Customer, including attendance records and workforce-related data.

"Personal Data" means information relating to an identified or identifiable person, as defined by applicable data protection law.

"Subscription Term" means the period during which the Customer is entitled to use the paid Service.

"Order" means an accepted quotation, order form, online plan selection, or other document stating the subscribed plan, fees, users, features, and Subscription Term.

3. Eligibility and Organizational Authority

An individual user must have legal capacity to accept these Terms. A person using the Service for a Customer confirms that the person is authorized to act for that Customer. The Customer is responsible for selecting and authorizing its account administrators and for all actions taken by those administrators within the Service.

4. Accounts and Access Security

• The Customer and Authorized Users must provide accurate, complete, and current registration and contact information.
• Account credentials are personal to the assigned user and must not be shared, transferred, or made available to unauthorized persons.
• The Customer is responsible for configuring user roles and access permissions, promptly disabling accounts that are no longer required, and maintaining appropriate internal approval and attendance procedures.
• The Customer must notify us promptly at support@getsday.com if it becomes aware of unauthorized access, credential compromise, or another security incident involving the Service.
• We may require reasonable verification before restoring access or changing account ownership or administrator rights.

5. License and Permitted Use

Subject to payment of applicable fees and compliance with these Terms, we grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service for the Customer’s internal time attendance and workforce administration purposes. No ownership rights are transferred.

The Customer must not, and must not permit any person to:

• sell, resell, rent, lease, sublicense, distribute, or commercially exploit the Service except as expressly agreed in writing;
• copy, modify, translate, reverse engineer, decompile, disassemble, or attempt to discover source code, except to the limited extent that applicable law does not permit such restriction;
• bypass security, access controls, user limits, or technical restrictions;
• introduce malware or use the Service to interfere with systems, networks, or other users;
• use the Service unlawfully, fraudulently, to violate another person’s rights, or to submit unlawful, discriminatory, threatening, defamatory, or infringing content; or
• use automated means to extract data at unreasonable volume or load, except through interfaces or export functions we expressly provide.

6. Attendance Features, Devices, and Location Data

The Service may support attendance recording through a PC, web browser, or compatible mobile device. Depending on the subscribed plan and configuration chosen by the Customer, features may include timestamps, work schedules, approvals, device information, photographs, and geographic location used to verify attendance or an approved work location.

The Customer is responsible for determining which features are appropriate and lawful for its workforce, giving employees and other Authorized Users required notices, establishing a valid legal basis, obtaining consent where legally required, and ensuring that monitoring is proportionate to the stated purpose. The Customer must not use location, image, biometric, or other sensitive data through the Service unless the relevant feature is expressly supported and the Customer has completed all legally required assessments, notices, permissions, and safeguards.

Location readings and device information may be affected by device settings, permissions, satellite reception, network availability, environmental conditions, operating systems, or third-party services. The Customer should maintain an appropriate review and correction process for disputed or inaccurate attendance records.

7. Customer Data and Privacy

As between the parties, the Customer retains its rights in Customer Data. The Customer authorizes us and our approved service providers to host, process, transmit, back up, and otherwise handle Customer Data only as needed to provide, secure, maintain, support, and improve the Service; comply with the Customer’s documented instructions; and satisfy applicable law.

For workforce Personal Data entered by or for the Customer, the Customer generally determines the purposes and means of processing and is responsible for its obligations as data controller or in an equivalent role. We generally process such data on the Customer’s behalf as data processor or in an equivalent role. The parties will enter into a data processing agreement where required by applicable law or the Order.

Our collection and use of account, contact, device, and service-use information for our own legitimate operational purposes is described in the GetsDay Privacy Policy. The Privacy Policy is incorporated by reference but does not replace these Terms.

If Customer Data is transferred across national borders, the parties will use a lawful transfer mechanism and appropriate safeguards where required. The Customer must not instruct us to process Personal Data in violation of applicable law.

8. Data Accuracy, Retention, Export, and Deletion

The Customer is responsible for the accuracy, quality, legality, and source of Customer Data, and for reviewing attendance calculations before using them for payroll, employment decisions, legal filings, or other consequential purposes. The Service is an attendance administration tool and does not replace the Customer’s legal, payroll, human resources, or accounting judgment.

During an active subscription, available export functions may be used to download supported Customer Data. Unless a different period is stated in the Order or required by law, after termination or expiry we may disable access and delete or anonymize Customer Data following a reasonable post-termination retention period under our then-current data retention process. The Customer should export required records before termination. We may retain limited records where required by law, for security, dispute resolution, or enforcement of agreements.

9. Service Availability, Maintenance, and Changes

We will use commercially reasonable efforts to make the Service available, but uninterrupted or error-free operation is not guaranteed. Availability may be affected by planned maintenance, emergency maintenance, internet or telecommunications failures, mobile operating systems, app stores, cloud infrastructure, third-party services, force majeure events, and circumstances outside our reasonable control.

We may update, enhance, replace, or discontinue features to maintain security, comply with law, improve performance, or develop the Service. We will provide reasonable notice if a material change substantially reduces core paid functionality during a current Subscription Term, unless urgent security, legal, or third-party circumstances make advance notice impracticable.

10. Mobile Applications and Third-Party Services

Use of the mobile application may also be subject to the rules of the applicable app store and the terms, privacy settings, permissions, and technical requirements of the device and operating system. The Customer and Authorized Users are responsible for compatible devices, internet access, data charges, updates, and permissions required for selected features.

The Service may interoperate with third-party products or services. Those third parties are responsible for their own services. We are not responsible for third-party changes, suspension, availability, content, or separate terms, but this clause does not limit obligations that cannot lawfully be excluded.

11. Fees, Taxes, Activation, and Renewal

Fees, billing cycle, user limits, included features, and Subscription Term are stated in the applicable Order. Unless the Order states otherwise, fees are due in advance, exclusive of applicable taxes, and non-refundable except where these Terms, the Order, or applicable law expressly provides otherwise. The Customer is responsible for applicable taxes other than taxes on our net income.

We may activate the Service after receiving required account information and payment or other agreed confirmation. Late or unpaid amounts may result in suspension after reasonable notice, except where immediate action is reasonably necessary to prevent loss or misuse.

The Subscription Term will automatically renew for successive periods unless either party provides written notice of cancellation prior to the renewal date. We may revise the fees for any renewal term by providing reasonable advance notice. Continued use of the Services following renewal constitutes acceptance of the renewed term and applicable fees.

12. Trials, Pilots, and Beta Features

Trial, pilot, complimentary, preview, or beta features may be subject to additional limits and may be changed or withdrawn at any time. They are provided for evaluation, may be incomplete, and may not be suitable for production use or retention of critical records. Unless expressly agreed in writing, no service credits, warranties, or data retention obligations shall apply to such features.

13. Support and Complaints

Support requests should include the Customer name, contact details, affected user or feature, time of occurrence, device or browser information, screenshots where appropriate, and a description sufficient for investigation. Support channels are:

• Email: support@getsday.com
• Website: www.getsday.com
• Telephone: 02-085-8580
• Support services, response targets, and any service level commitments are provided only during normal working hours (excluding weekends and public holidays), unless otherwise specified in the Order or an executed Service Level Agreement (SLA).

14. Confidentiality

Each party may receive non-public business, technical, security, or commercial information from the other party ("Confidential Information"). The receiving party will use Confidential Information only to perform or receive the Service, protect it with reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality obligations. These duties do not apply to information that the receiving party can demonstrate is public without breach, already lawfully known, independently developed, or lawfully obtained without restriction. A legally required disclosure is permitted if the receiving party gives notice where lawful and reasonably cooperates in seeking protective treatment.

15. Intellectual Property and Feedback

We and our licensors retain all rights, title, and interest in the Service, including software, designs, interfaces, documentation, trademarks, logos, improvements, and related intellectual property. The Customer receives only the rights expressly granted in these Terms.

If the Customer or an Authorized User provides suggestions or feedback, we may use it without restriction or payment, provided we do not publicly identify the Customer as the source without permission and do not use Customer Confidential Information contrary to Section “Confidentially” above.

16. Suspension

We may suspend access to all or part of the Service if reasonably necessary to address: (a) a material breach of these Terms; (b) overdue fees after applicable notice; (c) a security threat, suspected fraud, unlawful activity, or risk to the Service or other customers; (d) a legal or regulatory requirement; or (e) an emergency. Where practicable, we will give notice and limit the suspension to the affected users or functions. Access may be restored when the issue is resolved.

17. Termination

The Customer may choose not to renew or may terminate as stated in the Order. Unless the Order provides a different period, the Customer should give at least 30 days’ written notice before the intended termination or non-renewal date. Prepaid fees are not refundable for convenience termination, except where required by law or expressly agreed in writing.

Either party may terminate for a material breach that remains uncured 30 days after written notice, or immediately if the breach cannot reasonably be cured. We may terminate immediately for unlawful use, serious security abuse, insolvency where permitted by law, or where continued service would violate law.

On termination or expiry, the Customer’s right to use the Service ends. Accrued payment obligations and provisions that by their nature should survive, including confidentiality, intellectual property, disclaimers, liability limits, indemnity, dispute provisions, and data retention obligations, will survive.

18. Warranties and Disclaimers

Each party warrants that it has authority to enter into these Terms. We warrant that the Service will materially conform to its then-current documentation when used as authorized. If the Customer reports a reproducible material non-conformity, our primary obligation is to use commercially reasonable efforts to correct it or provide a reasonable workaround.

Except for the express warranty stated above and to the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis. We make no representation or warranty that the Service will operate uninterrupted, error-free, or be available at all times. We shall not be responsible for inaccuracies in attendance records, location data, calculations, reports, or other outputs resulting from Customer configurations, user errors, device limitations, network connectivity issues, failures of third-party systems, inaccurate source data, or circumstances beyond our reasonable control.

19. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, willful misconduct, or other liability that applicable law requires to remain unlimited.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profits, revenue, business, goodwill, or anticipated savings, arising out of or related to the Service, even if advised that such loss may occur.

In any case of any claim by the user against the company, the company will be liable to the user for actual damages incurred, but not exceeding the total value of the actual amount paid for the services. The Company shall not be liable to the service users for any loss, damage, compensation, expenses, litigation, or damages whatsoever arising from or resulting from, whether expressly or implicitly, on any of the following cases:

• Loss or damage resulting from the user's misunderstanding of the Company's services.
• Loss or damage to data resulting from theft and unauthorized access to accounts by a third party, where such action was not caused by the Company.
• Loss or damage not under the control or operation of the Company, and/or operated by the Company, but under the control of a third party, such as infrastructure cloud service.
• Loss or damage resulting from events or circumstances beyond the Company's control, disruptions to telecommunication networks, whether public or private, including but not limited to force majeure events such as power failures, natural disasters, fire, government orders, or other related events.
• Loss or damage resulting from the user's neglect of notices or notifications from the Company, including cases where the user violates the Terms and Conditions of Service.

20. Indemnity

The Customer will defend and indemnify the Company and its directors, officers, and employees against third-party claims, damages, and reasonable costs arising from Customer Data or the Customer’s unlawful use of the Service, infringement caused by materials supplied by the Customer, or the Customer’s failure to provide legally required workforce notices or permissions. We will promptly notify the Customer of the claim, allow the Customer to control the defense and settlement, and provide reasonable cooperation. The Customer may not settle a claim by admitting our fault or imposing non-monetary obligations on us without our written consent.

21. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, civil disturbance, government action, labor disruption, power failure, internet or telecommunications outage, cyberattack not caused by a failure to use reasonable safeguards, cloud infrastructure failure, or interruption of critical third-party services. The affected party will use reasonable efforts to reduce the impact and resume performance.

22. Changes to These Terms

We may update these Terms to reflect legal, regulatory, security, operational, or service changes. The updated version will state its effective date and will be made available through the Service or website. We will provide reasonable notice of material changes. Changes will not retroactively reduce rights accrued before their effective date. If the Customer does not agree to a material change, its remedy is to stop using the affected Service and terminate as permitted by the Order or applicable law.

23. Notices

Operational notices may be delivered through the Service, the application, or email to the Customer’s registered address. Formal legal notices must be sent by email and by registered mail or recognized courier to the contact details below, or to an updated address notified in writing. A notice is effective when received. The Customer is responsible for keeping its contact details current.

24. Governing Law and Disputes

These Terms are governed by the laws of Thailand, without regard to conflict-of-law rules. The parties will first attempt in good faith to resolve a dispute through written notice and management discussion. If not resolved, the courts of Thailand located in Bangkok will have exclusive jurisdiction, unless applicable law requires another forum.

25. Contact Information

For any questions about this terms, please contact;

Micware Asia Pacific Co., Ltd.
No. 8, T-One Building, Sukhumvit 40, Phra Khanong, Khlong Toei, Bangkok 10110, Thailand

Tel : 02-085-8580
E-mail : contact@micware-ap.com
support@getsday.com
Web : www.getsday.com