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Terms of Service

Last updated: October 29, 2026

Quick Summary: These Terms govern your use of the Employee Management System ("EMS") operated by Ayavue Enterprise. By signing up or using our Service, you agree to these Terms. If you don't agree, please don't use the Service.

Table of Contents

  1. Acceptance of Terms
  2. Description of Service
  3. Accounts & Registration
  4. Subscriptions & Billing
  5. Customer Data & Privacy
  6. Acceptable Use
  7. Intellectual Property
  8. Service Availability
  9. Termination
  10. Disclaimers
  11. Limitation of Liability
  12. Indemnification
  13. Governing Law
  14. Changes to Terms
  15. Contact

1. Acceptance of Terms

These Terms of Service ("Terms") are a legal agreement between you (either an individual or a company, "you," "your," or "Customer") and Ayavue Enterprise ("we," "us," "our," or "Provider") governing your access to and use of the Employee Management System software, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Description of Service

EMS is a cloud-based employee and employer management platform offering features including but not limited to: employee records, payroll processing, attendance tracking, leave management, work permit tracking, document signing, and reporting.

We may update, modify, or discontinue features at any time. We will provide reasonable notice of material changes affecting paid subscriptions.

3. Accounts & Registration

3.1 Eligibility

You must be at least 18 years old and legally capable of entering into contracts. If you register on behalf of a business, you confirm you have authority to do so.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activity that occurs under your account
  • Ensuring your users comply with these Terms
  • Notifying us immediately of any unauthorized access

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update it as needed.

3.4 Email Verification

New accounts require email verification before activation. Unverified accounts may be suspended or deleted after 30 days.

4. Subscriptions & Billing

4.1 Free Trial

We offer a 14-day free trial with full feature access. No credit card is required. At the end of the trial, you must choose a paid plan to continue using the Service.

4.2 Paid Plans

Paid subscriptions are billed either monthly or annually, in advance, at the rates shown on our Pricing page. Prices are in U.S. Dollars (USD) unless otherwise stated.

4.3 Automatic Renewal

Subscriptions renew automatically unless you cancel before the end of the current billing period. You authorize us (or our payment processor) to charge your payment method on file.

4.4 Cancellation

You may cancel at any time from your account dashboard. Cancellation takes effect at the end of the current billing period — you will retain access until then. No prorated refunds are issued for partial periods.

4.5 Refunds

Except where required by law, all fees are non-refundable. If you believe you were charged in error, contact us within 30 days.

4.6 Plan Changes

You may upgrade your plan at any time (effective immediately, prorated). Downgrades take effect at your next renewal.

4.7 Taxes

Fees are exclusive of applicable taxes. You are responsible for any sales tax, VAT, or similar charges, except for taxes on our net income.

4.8 Failed Payments

If a payment fails, we will retry for up to 7 days. If payment is still not received, your account may be suspended. Data is retained for 30 days after suspension, then may be deleted.

5. Customer Data & Privacy

5.1 Your Data

You retain ownership of all data you upload to the Service ("Customer Data"), including employee records, payroll information, and documents.

5.2 License to Us

You grant us a limited license to store, process, transmit, and display Customer Data solely to provide the Service and as described in our Privacy Policy.

5.3 Our Responsibilities

  • We will not access Customer Data except to provide the Service, respond to your requests, or comply with law
  • We apply industry-standard security measures (encryption in transit, hashed passwords, daily backups)
  • Employees of the Provider must sign confidentiality agreements

5.4 Your Responsibilities

You are responsible for:

  • Ensuring you have the legal right to store your employee data in our system
  • Complying with data protection laws applicable to you (e.g., GDPR, PIPEDA)
  • Obtaining any necessary consents from your employees
  • Keeping your data accurate and up to date

5.5 Data Export

You may export Customer Data at any time from your dashboard. Upon termination, we will make your data available for export for 30 days, then delete it from active systems.

5.6 Subprocessors

We may use third-party subprocessors (e.g., cloud hosting, email delivery, payment processing). A current list is available upon request.

6. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Store or transmit malicious code, malware, or spam
  • Attempt to gain unauthorized access to the Service or other accounts
  • Reverse-engineer, decompile, or disassemble any part of the Service
  • Resell, sublicense, or provide the Service to third parties without written permission
  • Use automated tools to scrape or overload the Service
  • Use the Service to send unsolicited marketing emails
  • Upload data you don't have the right to store
  • Circumvent subscription limits or access controls

We reserve the right to suspend or terminate accounts that violate this section.

7. Intellectual Property

7.1 Our IP

The Service, including all software, source code, design, text, graphics, and trademarks, is owned by us or our licensors and protected by intellectual property laws. You receive no rights other than what's expressly granted in these Terms.

7.2 Feedback

If you send us suggestions or feedback, we may use it without restriction or compensation.

8. Service Availability

We aim for 99.9% uptime, excluding scheduled maintenance. However, we do not guarantee uninterrupted service. Standard plans do not include a Service Level Agreement (SLA). Enterprise plans may include a separate SLA.

We perform scheduled maintenance during low-traffic windows, typically outside business hours. We provide advance notice where possible.

9. Termination

9.1 Termination by You

You may terminate your account at any time from your dashboard. Active subscriptions must be cancelled first to avoid further charges.

9.2 Termination by Us

We may suspend or terminate your account if:

  • You materially breach these Terms
  • Your payment is more than 30 days overdue
  • You use the Service to store illegal content
  • Required by law

Except in cases of serious violation, we will give you reasonable notice and an opportunity to cure.

9.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. We retain your data for 30 days post-termination to allow export, after which it is permanently deleted.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or uninterrupted.

Payroll & Compliance Notice: EMS is a tool to assist with payroll, work permits, and compliance tracking. It does not constitute legal, tax, or accounting advice. You are solely responsible for the accuracy of payroll calculations, tax filings, and compliance with applicable laws (including NIB, NHIP, and immigration requirements).

11. Limitation of Liability

To the maximum extent permitted by law, we are not liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Lost profits, lost revenue, lost data, or business interruption
  • Any amount exceeding the fees you paid us in the 12 months preceding the claim

These limitations apply regardless of the legal theory and even if we were advised of the possibility of such damages. Some jurisdictions don't allow certain limitations, so some may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your breach of these Terms
  • Your violation of any law or third-party rights
  • Customer Data you've uploaded

13. Governing Law & Disputes

These Terms are governed by the laws of the Turks and Caicos Islands, without regard to conflict of law principles. Any dispute will be resolved in the courts of the Turks and Caicos Islands, except where mandatory local law provides otherwise.

Before filing a formal claim, both parties agree to attempt good-faith resolution through discussion.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top. Material changes will be communicated by email to active account holders at least 30 days in advance. Continued use of the Service after changes take effect constitutes acceptance.

15. Contact

For questions about these Terms:

  • Email: legal@emstci.com
  • Mailing Address: Ayavue Enterprise, Providenciales, Turks & Caicos Islands
By using EMS, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.
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Modern employee management for growing businesses. Payroll, leave, work permits, and more — all in one place.

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