The following definitions apply in these Terms:

• “Nebula” means Nebula Advantages LLC.
• “Service” means Nebula Timekeeping, including websites, dashboards, kiosks, mobile experiences, APIs, and related services.
• “Customer” means an organization (business) that signs up to use the Service.
• “User” means any individual who accesses the Service, including Customer admins, managers, employees, and auditors.
• “Customer Data” means data submitted to the Service by or on behalf of Customer (e.g., employees, job codes, punches, schedules, approvals).
• “Content” means text, data, images, files, and other materials displayed or made available through the Service.

2.1 Eligibility

You must be legally able to enter into contracts to use the Service. If you use the Service on behalf of a Customer, you represent that you have authority to bind that Customer to these Terms.

2.2 Account creation and accuracy

You agree to provide accurate information, keep it updated, and not impersonate others. You’re responsible for all activity under your account credentials.

2.3 Roles and access control

The Service may support roles (e.g., admin, manager, timekeeper, auditor). Customer controls which Users have access, and what each User can see or do. Customer is responsible for assigning permissions appropriately.

2.4 Employee access

If Customer enables employee access (including kiosk modes), Customer is responsible for communicating internal policies (e.g., punch expectations, break rules, attestation/approval workflows).

3.1 Plans and fees

Some features may require a paid subscription. Pricing, plan details, and what’s included are shown at sign-up, in the Service, or on Nebula’s website. Fees are generally billed in advance and are non-refundable except where required by law.

3.2 Trials and promotional access

If Nebula offers a trial or promotional access, Nebula may modify, suspend, or end it at any time. Trials may convert to paid plans unless you cancel before the conversion date shown to you.

3.3 Taxes

Fees may not include taxes. Customer is responsible for all applicable taxes, except taxes based on Nebula’s income.

3.4 Payment disputes

If you believe you were billed in error, contact Nebula promptly. Unauthorized chargebacks may result in suspension.

You agree not to misuse the Service. Prohibited actions include:

• Attempting to access accounts, data, or systems you are not authorized to access.
• Reverse engineering, decompiling, or attempting to discover source code (except where prohibited by law).
• Probing, scanning, or testing vulnerabilities without Nebula’s written permission.
• Interfering with Service performance (e.g., scraping, abusive automation, denial-of-service, excessive requests).
• Uploading malware or using the Service to distribute harmful code.
• Using the Service for unlawful, infringing, or abusive purposes.

5.1 Customer Data ownership

Customer Data belongs to Customer (or its Users) as between Customer and Nebula. Nebula processes Customer Data only to provide, maintain, and improve the Service, and as otherwise permitted by these Terms and Nebula’s Privacy Policy (if published).

5.2 Privacy-first approach

Nebula aims to minimize data collection. For example, the Service is designed to operate without GPS tracking. If optional device or network signals are used (e.g., kiosk device binding, IP allow-listing), they are used for security and operations.

5.3 Aggregated and de-identified data

Nebula may generate aggregated or de-identified analytics that do not identify Customer or Users (e.g., system performance metrics). Nebula may use these to operate, improve, and report on the Service.

5.4 Data export

The Service may support exporting reports (e.g., CSV/PDF) for timekeeping and payroll import workflows. Customer is responsible for verifying exported data and ensuring compatibility with any payroll provider’s import requirements.

5.5 Data retention and deletion

Nebula may retain Customer Data for a reasonable period to provide the Service, comply with legal obligations, resolve disputes, enforce agreements, and support backups/business continuity. Upon termination, Customer may request export and/or deletion, subject to legal and operational constraints.

6.1 Your responsibilities

• Keep credentials confidential and use strong passwords.
• Use least-privilege permissions (only grant access needed for each role).
• Promptly disable access for departing workers or contractors.
• Use secure devices and networks when accessing the Service.

6.2 Nebula safeguards

Nebula uses administrative, technical, and organizational safeguards designed to protect the Service and Customer Data. No system is perfectly secure, and you acknowledge security risk exists in any online service.

6.3 Security incidents

If Nebula becomes aware of a security incident involving unauthorized access to Customer Data, Nebula will take reasonable steps to investigate and mitigate the incident and provide notice consistent with applicable law and the information available.

7.1 Availability

Nebula aims for reliable uptime, but the Service may be unavailable due to maintenance, updates, outages, third-party failures, or events outside Nebula’s control.

7.2 Maintenance and updates

Nebula may update or modify features. If a change materially reduces core functionality for paying Customers, Nebula will try to provide reasonable notice when practical.

7.3 Support

Support channels and response expectations (if any) are described in the Service or plan details. Customer is responsible for providing first-line support to its Users, where appropriate.

The Service may interoperate with third-party services (e.g., payroll providers, identity providers, email delivery services). Third-party services are not controlled by Nebula, and your use of them is governed by their own terms and policies.

8.1 Payroll and exports

If the Service produces exports intended for payroll import, those exports are informational tools. Customer is responsible for review, approvals, and correctness before payroll is run.

9.1 Nebula IP

Nebula and its licensors retain all right, title, and interest in the Service, including software, designs, branding, and documentation, except for Customer Data.

9.2 Feedback

If you provide suggestions, ideas, or feedback, you grant Nebula a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation.

10.1 Term

These Terms apply while you use the Service.

10.2 Suspension

Nebula may suspend access if reasonably necessary to protect the Service, protect other Customers, investigate suspected misuse, comply with law, or address non-payment.

10.3 Termination by Customer

Customer may stop using the Service at any time. If Customer is on a paid plan, cancellation terms are described in the Service or plan details.

10.4 Termination by Nebula

Nebula may terminate or decline to provide the Service if you materially breach these Terms, or if required by law, or if continuing would pose an undue risk to Nebula or others.

10.5 Effect of termination

Upon termination, your right to access the Service stops. Some terms survive, including intellectual property, disclaimers, limitation of liability, and other provisions intended to survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEBULA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NEBULA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EXPORTS/REPORTS WILL ALWAYS BE COMPATIBLE WITH ANY THIRD-PARTY SYSTEM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEBULA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEBULA’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO NEBULA FOR THE SERVICE DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, IF NO FEES WERE PAID, $100).

Customer agrees to indemnify and hold harmless Nebula from claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from (a) Customer Data, (b) Customer’s or Users’ use of the Service in violation of these Terms, or (c) Customer’s violation of law (including employment and recordkeeping obligations).

14.1 Governing law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles.

14.2 Venue

Unless otherwise required by law, you agree that disputes will be brought in state or federal courts located in New York, and you consent to personal jurisdiction there.

14.3 Changes to these Terms

Nebula may update these Terms from time to time. If changes are material, Nebula will make reasonable efforts to provide notice, such as posting an updated date or showing an in-app notice. Continued use after the effective date means you accept the updated Terms.

Questions about these terms? Email support@nebulatimekeeping.com