Last Updated: June 1, 2025
Welcome to CheckMet. These Terms of Service ("Terms") govern your access to and use of the CheckMet facial recognition attendance management system, website, mobile applications, and related services (collectively, the "Services") provided by CheckMet ("Company," "we," "our," or "us").
Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use our Services.
These Terms constitute a legally binding agreement between you and CheckMet. "You" refers to you as an individual if you're using the Services on your own behalf, or the entity you represent if you're using the Services on behalf of an organization.
To use certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
You may authorize your employees and agents to use the Services on your behalf, subject to these Terms. You are responsible for their compliance with these Terms and for all actions taken under your account.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your subscription.
This license does not include the right to: (a) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems; (b) sell, resell, license, sublicense, distribute, rent, or lease the Services; (c) use the Services for any purpose other than your own internal business purposes; or (d) use the Services in any manner that violates applicable law.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
In addition to the restrictions outlined elsewhere in these Terms, you agree not to:
You retain all rights to your data that you upload, submit, or otherwise make available through the Services ("Customer Data"). By using the Services, you grant us a worldwide, non-exclusive license to host, copy, transmit, display, and use the Customer Data as necessary to provide and maintain the Services.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. You represent and warrant that you have all rights, permissions, and consents necessary to submit the Customer Data to the Services and to grant the rights granted to us under these Terms.
We will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Customer Data. We will not access or use Customer Data except as necessary to provide and maintain the Services, or as otherwise required by law.
Upon termination of your subscription, we will make Customer Data available for export or download as provided in our documentation. After a reasonable period, we will delete or anonymize Customer Data, except as required by law.
Our Services may involve the collection, use, storage, and processing of biometric data, specifically facial recognition data. You acknowledge and agree that:
We will process biometric data in accordance with our Privacy Policy and applicable data protection laws. We will not sell, lease, trade, or otherwise profit from biometric data. We will not disclose biometric data unless required by law or with your express authorization.
You agree to pay all fees associated with your subscription plan. All payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in these Terms.
If you choose a subscription with recurring payments, you authorize us to store your payment method and to automatically charge your payment method for the applicable subscription period (monthly, annually, or as otherwise specified) until your subscription is terminated.
If your payment cannot be completed for any reason, we may suspend your access to the Services until payment is received. Fees are exclusive of taxes, which we will charge as applicable.
We may change our fees at any time with notice. If you do not agree to a fee change, you must cancel your subscription before the change takes effect. Continued use of the Services after a fee change constitutes acceptance of the new fees.
The Services and all materials therein or transferred thereby, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all intellectual property rights related thereto, are the exclusive property of CheckMet and its licensors.
These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features without our prior written consent.
If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you hereby assign to us all rights in the Feedback and agree that we have the right to use the Feedback without restriction or compensation to you.
"Confidential Information" means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
Each party agrees to protect the other party's Confidential Information with the same degree of care it uses to protect its own confidential information (but not less than reasonable care) and will not use or disclose the Confidential Information except for the purpose of performing its obligations or exercising its rights under these Terms.
Confidential Information does not include information that: (a) is or becomes generally known to the public without breach of this section; (b) was known to the receiving party prior to its disclosure; (c) is received from a third party without breach of any obligation owed to the disclosing party; or (d) was independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES IN TERMS OF THEIR ACCURACY, RELIABILITY, OR OTHERWISE.
While we take measures to ensure the accuracy of our facial recognition technology, you acknowledge that no biometric system is 100% accurate, and there may be instances of false positives or false negatives. You are responsible for implementing appropriate verification processes to address potential errors.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, and hold harmless CheckMet and its officers, directors, employees, agents, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
These Terms will remain in effect until your subscription is terminated by either you or us.
You may terminate your subscription at any time by following the instructions in your account settings or by contacting us. If you terminate your subscription before the end of your current subscription period, your subscription will remain active until the end of the current billing period, unless otherwise specified in your agreement with us.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. If your subscription is terminated for cause, you will not receive a refund for any unused portion of your subscription.
All provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or through the Services prior to the changes becoming effective.
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.
It is your responsibility to review these Terms periodically for changes. If you have any questions about the changes, please contact us before continuing to use the Services.
These Terms and any disputes arising out of or related to these Terms or the Services will be governed by the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Notwithstanding the foregoing, each party may seek injunctive or other equitable relief to prevent the unauthorized use or disclosure of its confidential information or proprietary rights.
All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.
These Terms constitute the entire agreement between you and CheckMet regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. An invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any of our rights or obligations under these Terms without your consent.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of CheckMet.
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
If you have any questions about these Terms, please contact us at:
CheckMet Legal Department
Email: legal@checkmet.com
Phone: +1 (800) 555-1234
Address: 100 Technology Drive, Suite 300, San Francisco, CA 94103, USA