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Terms and Conditions

Last updated: · Version 1.1.1

These Terms and Conditions (“Terms”) govern your access to and use of the TimeX software-as-a-service product (the “Service”) offered by Intellibyte Software Solutions LLC d/b/a TimeX (“TimeX”, “we”, “us”). By using the Service you agree to these Terms.

1. Agreement and acceptance

These Terms form a binding agreement between TimeX and the individual or entity that accesses the Service (“you”). If you access the Service on behalf of an organization, you represent that you have authority to bind that organization and “you” refers to both you and the organization.

Your organization’s subscription terms (the “Order” or “MSA”) may further govern pricing, fees, and service levels. Where they conflict with these Terms for that organization, the Order controls.

2. Eligibility

You must be at least 18 years old to use the Service. The Service is intended for business use by administrators and employees of subscribed organizations.

3. Accounts and authentication

  • TimeX authenticates Users using phone-based one-time passcodes (“OTPs”) delivered by SMS. See §8 for SMS-specific terms.
  • You must provide accurate information and keep your phone number current.
  • You are responsible for all activity under your account. Notify us promptly of any unauthorized use.

4. Subscription and billing

The Service is sold by subscription to organizations. Unless a separate Order says otherwise, subscriptions auto-renew until cancelled. Fees are non-refundable except as required by law or as expressly stated in the Order. You are responsible for applicable taxes, except for taxes based on TimeX’s net income.

5. Acceptable use

You will not:

  • use the Service in violation of applicable law or these Terms;
  • attempt to bypass authentication, access other organizations’ data, or probe the Service’s security;
  • upload malicious code, conduct denial-of-service attacks, or interfere with other users’ use of the Service;
  • resell, sublicense, or white-label the Service without our written permission;
  • use the Service to transmit unsolicited commercial messages.

6. Customer data and ownership

As between you and TimeX, your organization owns the data your personnel enter into the Service (“Customer Data”). You grant TimeX a worldwide, non-exclusive license to host, process, copy, and transmit Customer Data solely to provide the Service, comply with law, and enforce these Terms.

You are responsible for the lawfulness of Customer Data, including obtaining all necessary consents from employees and clients whose information is entered.

7. QuickBooks integration

If you connect the Service to Intuit QuickBooks Online, you authorize TimeX to read and write the specific data categories displayed during the OAuth authorization step. Your use of QuickBooks is subject to Intuit’s terms of service. TimeX is not responsible for the availability or behavior of QuickBooks.

This section is an important disclosure about how TimeX sends text messages (SMS) under the U.S. “A2P 10DLC” carrier framework. You consent to the SMS program described below when you actively opt in as described under “How you opt in” below.

Program name: TimeX Program brand/operator: Intellibyte Software Solutions LLC d/b/a TimeX

Message purpose and types. TimeX sends SMS messages for:

  1. Authentication — one-time passcodes used to sign in to the Service; and
  2. Transactional notifications — account and work-related messages such as timesheet submission, approval, rejection, and reminder notifications; expense status updates; and shift-related alerts.

TimeX does not send marketing or promotional SMS under this program.

How you opt in. Employees are enrolled in TimeX by their employer administrator. During the registration flow, you are presented with a dedicated ‘Enable SMS sign-in and account alerts’ screen displaying the TimeX brand and Intellibyte Software Solutions LLC as the program operator, along with the following consent checkbox: ‘I agree to receive SMS messages from TimeX by Intellibyte Software Solutions LLC, including one-time passcodes and account notifications such as timesheet reminders and approval updates, at the mobile number I provide. Message frequency varies; typical users receive no more than 10 messages per week. Message and data rates may apply. Reply STOP to opt out at any time or HELP for assistance.’ The ‘Continue to sign in’ button remains disabled until you check this box. By checking the box and clicking ‘Continue to sign in’, you give your express written consent to receive SMS messages from TimeX. Consent is voluntary and is not a condition of employment or of any other benefit.

Message frequency. Frequency varies with account activity. Typical users receive no more than 10 messages per week. Frequency may be higher during onboarding or during active approval cycles.

Opt out: STOP. Reply STOP to any SMS from TimeX to unsubscribe. You will receive a one-time confirmation message: “You have been unsubscribed from TimeX notifications. No further messages will be sent.” Authentication OTPs may continue to be sent if you request them, because OTPs are required to sign in.

Help: HELP. Reply HELP to any SMS from TimeX. You will receive a response: “TimeX help: contact [email protected] or visit gotimex.app/legal/terms.” You may also contact us directly at [email protected].

Message and data rates. Message and data rates may apply. Check with your mobile carrier for details.

Carrier liability. Carriers are not liable for delayed or undelivered messages.

Not a condition of purchase. Consent to receive SMS is not a condition of purchase or of using TimeX. Alternative authentication methods may be available via your organization’s administrator.

No third-party sharing for marketing. Mobile opt-in data, phone numbers, and SMS consent records are never shared with, sold to, or transferred to third parties or affiliates for marketing, promotional, or lead-generation purposes of any kind.

Supported carriers. Most major U.S. carriers are supported, including AT&T, T-Mobile, and Verizon. The carrier list is subject to change. Supported carriers are not liable for delayed or undelivered messages.

Age requirement. You must be at least 18 years old to enroll in SMS messaging.

Privacy. Our collection and handling of SMS-related data are described in the Privacy Policy SMS section.

Full terms. For the complete terms governing your use of the Service, including this SMS program, see gotimex.app/legal/terms.

9. Intellectual property

TimeX and its licensors retain all right, title, and interest in the Service, including all intellectual property rights. These Terms do not grant you any rights to TimeX’s trademarks or trade dress. Feedback you provide may be used by TimeX without restriction or obligation.

10. Confidentiality

Each party will protect the other’s confidential information with the same care it uses to protect its own, and at least reasonable care. “Confidential Information” does not include information that is publicly available, independently developed, or lawfully received from a third party without a confidentiality obligation.

11. Warranties and disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TIMEX DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

12. Indemnification

You agree to indemnify and hold harmless TimeX, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) Customer Data you submit, or (c) your violation of any third party’s rights, including privacy rights.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIMEX’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS PAID BY YOUR ORGANIZATION TO TIMEX FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) USD $100. TIMEX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, EVEN IF TIMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Term and termination

These Terms apply while you use the Service. TimeX may suspend or terminate your access for material breach, for security or legal reasons, or if required by your organization’s administrator. Sections 5 (Acceptable Use), 6 (Customer Data and Ownership), 9 (Intellectual Property), 10 (Confidentiality), and 11–13 (Warranties, Indemnification, Limitation of Liability) survive termination.

15. Modifications

TimeX may modify the Service and these Terms from time to time. We will provide reasonable notice of material changes to administrators. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the Service.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Tennessee, USA, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts located in Memphis, Tennessee for any dispute arising out of or relating to these Terms, except that TimeX may seek injunctive relief in any court of competent jurisdiction.

17. Miscellaneous

  • Assignment. You may not assign these Terms without TimeX’s written consent. TimeX may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is held unenforceable, the remaining provisions will remain in full force.
  • No waiver. Failure to enforce a provision is not a waiver of future enforcement.
  • Force majeure. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, natural disasters, government actions, labor disputes, or widespread internet or power outages, provided the affected party gives prompt notice and uses reasonable efforts to mitigate.
  • Notices. Legal notices to TimeX must be sent in writing to the address in §18. Notices to you may be sent to the email or phone number associated with your account.
  • Entire agreement. These Terms (together with the Privacy Policy, EULA, and any Order) constitute the entire agreement regarding the Service and supersede any prior agreements.

18. Contact

Intellibyte Software Solutions LLC Attn: TimeX Legal 150 Peabody Pl, Lower Level, Memphis, TN 38103 [email protected]

Effective date: 2026-05-16