User Terms of Service

1. Who We Are and What These Terms Cover

These User Terms of Service (“Terms”) govern your access to and use of Trizelo, including its web application and any enabled attendance, kiosk, API or other client interface (the “Service”). The Service is provided by Fiable Technologies (“Trizelo”, “we”, “us” or “our”), a corporation incorporated in Saskatchewan, Canada.

These Terms apply to any individual invited or authorized to use the Service by an organization that subscribes to it (a “Customer”), including employees, managers, administrators and other permitted users (each an “Authorized User” or “you”).

Relationship to other agreements. A separate subscription agreement between Trizelo and your Customer governs the Customer’s subscription, fees, support commitments, service levels, security obligations and data-processing arrangements. Where these Terms conflict with that subscription agreement, the subscription agreement prevails as between Trizelo and the Customer, and these Terms continue to govern your individual use of the Service. These Terms do not replace, vary or override your employment agreement, any collective agreement, or your organization’s workplace policies.

Privacy Policy. Our Privacy Policy describes how we handle personal information and forms part of these Terms. Where the Privacy Policy and these Terms conflict on a privacy matter, the Privacy Policy prevails.

2. Acceptance and Changes to These Terms

Acceptance. You accept these Terms by selecting the acceptance control presented to you, activating an invited account, or continuing to use the Service after being presented with these Terms. We record the version accepted, the date and time of acceptance, and the account that accepted. If you do not agree, do not access the Service, and contact your employer or the person who invited you.

Changes. We may modify these Terms to reflect changes to the Service, legal requirements or commercial practice.

• Non-material changes (clarifications, formatting, contact details) take effect on the revised effective date, and we will post the revised Terms with that date and a short summary of what changed.
• Material changes — including changes that reduce your rights, expand our rights, alter liability allocation, or introduce a new purpose for the collection or use of personal information — take effect only after reasonable advance notice by email or in-app announcement, and we will require you to accept the revised Terms before you continue to use the Service.

We maintain a public version history of these Terms. Continued use after a non-material change constitutes acceptance of that change.

3. Relationship with Your Employer or Organization

Your Customer controls your invitation, access level and permissions, and configures the Service for its workforce. Your Customer — not Trizelo — decides work schedules, shift assignments, leave approvals, attendance corrections, timesheet approvals, pay rates, payroll periods, employee records, task assignments and workplace policies.

Your Customer is responsible for: determining that it has a lawful basis to collect, upload, use and disclose workforce information through the Service; giving employees any notices required by law, including notices about timekeeping and location verification; obtaining any legally required permissions or consents; configuring access permissions appropriately; and responding to employment-related questions, requests and disputes.

Raise employment, wage, scheduling, disciplinary and other workplace matters directly with your Customer. Trizelo does not become your employer, joint employer, payroll provider, legal adviser or human-resources decision-maker by reason of your use of the Service.

4. Service Features and Availability

The features available to you depend on your Customer’s configuration and subscription and on the permissions assigned to you. Depending on those settings, the Service may support employee profiles and invitations; locations, departments and job roles; shift scheduling and publishing; shift swaps; recurring availability; time-off requests and balances; attendance clock-in and clock-out and break records; optional location verification at clock punches; timesheets and payroll-period workflows; tasks and announcements; employee documents and certifications; workforce reporting; audit records; and email or SMS notifications.

Not every feature is available to every Customer or user. Features may change, be restricted, be suspended for maintenance or security reasons, or be discontinued. Roadmaps, demonstrations and descriptions of possible future functionality are not commitments that a feature will be delivered.

We do not warrant that the Service will be uninterrupted, error-free, or available at all times or on every device. Any uptime or support commitment is made to the Customer in its subscription agreement, not to individual Authorized Users.

5. Your Account and Security Responsibilities

• Authorized access only: Use only your own account and the permissions granted to you.
• Credentials: Do not share passwords, activation links, authentication codes or kiosk PIN credentials.
• Accurate information: Provide accurate information where required, and promptly report material inaccuracies in your record to your Customer.
• Device security: Keep your devices, browsers and credentials reasonably secure. Sign out of shared devices and do not leave a kiosk or session accessible to others.
• No bypassing controls: Do not attempt to circumvent role-based permissions, tenant boundaries, authentication, rate limits, security logging or other safeguards.
• Reporting: Promptly notify your Customer and security@trizelo.app if you suspect unauthorized access, a security weakness or an accidental disclosure of data.

Accounts created by invitation require a signed, single-use invitation link to set a password and verify your email address. Invitation links expire. If a link has expired, request a new invitation from your Customer’s administrator.

6. Acceptable Use Policy

You must comply with these rules, your Customer’s lawful workplace policies, and applicable law.

Good-faith security research. The prohibition on probing and scanning does not apply to testing you carry out with your Customer’s written authorization and in accordance with our published Vulnerability Disclosure Policy. We will not pursue legal action against a researcher who discovers a vulnerability in good faith, does not access or exfiltrate data beyond what is necessary to demonstrate the issue, does not degrade the Service, and reports the issue promptly and confidentially to security@trizelo.app.

7. Workforce Data and Records

As between Trizelo and the Customer, the Customer retains all rights in data and content submitted to or generated through the Service for its workforce operations (“Customer Data”), subject to applicable law and to the rights individuals hold in their own personal information. You do not transfer ownership of your personal information to Trizelo by using the Service.

Customer Data may include employee contact and profile details, job and role assignments, pay-rate history, emergency contacts, availability, schedules, leave requests and balances, attendance punches, location coordinates captured at a punch where that feature is enabled, timesheets, shift swaps, tasks, uploaded documents and certifications, and audit records.

Your Customer’s control. Your Customer may view, create, correct, export, retain or deactivate employee records within the Service. Scheduling, attendance, pay-rate and leave history remain part of the Customer’s compliance records after you are offboarded, for as long as employment-standards and tax law require.

Your access and correction rights. The Service does not provide a self-service function for an individual to delete their own employment history, because your employer is required by law to retain those records. This does not limit your rights under privacy law. You may request access to, or correction of, your personal information by contacting your Customer, or by writing to privacy@trizelo.app. Where the information is held on your Customer’s behalf, we will refer your request to your Customer and assist them in responding within the time limits set by applicable law. Section 12 of the Privacy Policy sets out the full process.

8. Privacy, Location Verification and Monitoring

We process account and usage information to provide, secure, maintain and support the Service, as described in our Privacy Policy and in accordance with the Customer’s configuration and instructions.

Location verification. Where your Customer enables the feature and your device permits it, the Service captures latitude and longitude at the moment of a clock-in or clock-out and compares those coordinates against a configured work-location geofence. The result is used only to verify or flag that punch.

The Service does not perform continuous or background location tracking, and does not capture location between punches.

You will be asked for device permission before any location is captured. You may decline; your Customer determines what happens to a punch recorded without location.

Raw coordinates are retained as part of the attendance record. We are implementing a defined retention and deletion schedule for raw coordinates and will update this section with that schedule once it is in place; in the meantime, access to raw coordinates is restricted to the permission holders who review attendance exceptions, and raw coordinates are never used for any purpose beyond punch verification.

Location data is subject to network and device inaccuracy and is not treated as conclusive evidence of misconduct. A flagged punch requires manager review before any action is taken.

Notices. Your Customer is responsible for giving the notices required by applicable privacy and employment legislation regarding workplace timekeeping, location verification and employee records. This includes the Personal Information Protection and Electronic Documents Act (Canada) or applicable provincial legislation, and the Privacy Act 1988 (Cth) in Australia.

9. Notifications and Electronic Messages

Operational messages. The Service sends messages necessary to operate it: invitations, schedule publications, shift reminders, swap updates, leave decisions, attendance exception alerts, security notices and account messages. These are sent by email and, where enabled, SMS. You cannot opt out of mandatory account and security emails while your account is active.

SMS. Where SMS is enabled by your Customer, message frequency varies and your carrier’s message and data rates may apply. You may opt out of non-critical SMS by replying STOP or by changing your notification preferences in the Service. Opting out of SMS does not affect mandatory system emails.

Promotional messages. We do not currently send product news or marketing messages to Authorized Users. If we begin to, we will do so only with your express consent, and every such message will identify the sender, give a current contact address, and contain a working unsubscribe mechanism, consistent with Canada’s Anti-Spam Legislation (CASL) and, for Australian recipients, the Spam Act 2003 (Cth). Withdrawing consent to promotional messages would take effect within the period required by law and would not affect operational messages.

10. Operational Aids and No Professional Advice

Schedules, compliance indicators, overtime estimates, break calculations, leave accruals, timesheet summaries and reports are operational aids generated from rules your Customer configures and from entries users make. They are not legal, accounting, tax or payroll advice, and they do not guarantee compliance with employment standards legislation, modern awards, enterprise agreements, collective agreements or wage regulations in any jurisdiction.

Your Customer’s administrators remain responsible for independently verifying timesheet, overtime, leave and wage records before payroll submission.

Automated outputs. Most operational aids are informational only: an overtime-risk warning, a tardiness-pattern flag, a missing-pay-rate warning, and a leave coverage-risk rating are each presented to a manager (or, for coverage risk, to the requesting employee) for human review, and do not by themselves change anyone’s schedule, pay or access.

Two features act without a manager’s review at the moment they act. First, the Service will not let a manager assign a shift that would violate a hard compliance rule (for example, assigning an employee not qualified for the role, missing a required certification, or conflicting with the employee’s own approved leave); a manager may override this block only where the sole conflict is with approved leave. Second, a shift-swap claim that produces no compliance warning is approved automatically with no manager involved; a claim that does produce a warning is instead routed to a manager for approval. No feature of the Service scores, ranks or builds a profile of an Authorized User that is used in a decision about their hiring, promotion, discipline, pay or termination.

11. Intellectual Property and Feedback

Trizelo and its licensors retain all right, title and interest in the Service, including its software, designs, user interfaces, documentation, trade marks and logos. Nothing in these Terms transfers any of those rights to you.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for your employer’s legitimate business operations for as long as you are authorized.

Feedback. If you give us suggestions, feedback or ideas about the Service, we may use them without restriction, compensation or attribution. Do not include confidential information of your employer or of any third party in feedback.

12. Suspension, Termination and Offboarding

Your access continues only while your Customer authorizes it and while the Customer’s subscription remains active. Trizelo or your Customer may suspend or terminate your access where reasonably necessary for security, legal compliance, or breach of these Terms. Where we suspend access for a reason of our own, we will notify your Customer.

When your Customer offboards you, your credentials are revoked and your account is deactivated. Historical scheduling, attendance, timesheet, pay-rate and leave records are retained by your Customer for the period required by employment-standards, tax and record-keeping law in the applicable jurisdiction, and are then deleted or de-identified in accordance with the Privacy Policy.

Sections 7, 10, 11, 13, 14, 15 and 17 survive termination of your access.

13. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis, and we disclaim all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Nothing in this Section excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot be excluded, restricted or modified under applicable law, including non-waivable rights under consumer protection legislation, employment standards legislation and privacy legislation. Section 16 sets out how this operates for Australian users.

14. Limitation of Liability

Excluded losses. To the maximum extent permitted by applicable law, Trizelo is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, data, goodwill or business opportunity, arising out of or relating to your use of the Service.

Cap. Subject to the carve-outs below, Trizelo’s total aggregate liability to an Authorized User arising out of or relating to these Terms is limited to CAD $500.

Carve-outs. The exclusion and the cap above do not apply to, and nothing in these Terms limits:

• liability for death or personal injury caused by our negligence;
• liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct;
• any liability that cannot be limited or excluded under applicable law;
• your rights, or our obligations, under applicable privacy legislation; or
• the non-excludable consumer guarantees described in Section 16 for Australian users.

Allocation. Your Customer’s remedies for service levels, security and data handling are set out in its subscription agreement. This Section governs only the relationship between Trizelo and you as an individual user, and does not limit the Customer’s rights under that agreement.

15. Governing Law, Jurisdiction and Local Law Savings

These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable in that province. The parties submit to the jurisdiction of the courts of Saskatchewan.

Mandatory local law. This Section does not deprive you of the protection of any mandatory law of the country or province in which you ordinarily reside or work, and does not prevent you from bringing proceedings, or being required to defend proceedings, in a forum that applicable law makes available to you. In particular:

• Australia. Nothing in these Terms excludes the application of the Australian Consumer Law or the Privacy Act 1988 (Cth), or the jurisdiction of Australian courts and regulators in respect of those statutes. See Section 16.
• Quebec. This Service is not offered to, and these Terms do not apply to, individuals who are resident in, or who access or use the Service from, the Province of Quebec. If you are located in Quebec, do not register for or use the Service. If you believe you have been given access in error, contact your administrator and support@trizelo.app immediately so your access can be reviewed.

Complaints before litigation. Before commencing proceedings, please contact us at support@trizelo.app so that we can try to resolve the matter. This is not a condition of your right to complain to a regulator or to commence proceedings.

16. Australia-Specific Terms

This Section applies if you access the Service in Australia or your Customer is established in Australia. Where it conflicts with another provision of these Terms, this Section prevails.

Our privacy obligations. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). The employee records exemption in section 7B(3) of that Act applies to acts done by an employer in relation to its own employee records. It does not extend to Trizelo as a third-party service provider, and we do not rely on it.

Overseas disclosure. The Service is hosted and supported outside Australia. Personal information you enter is disclosed to recipients in Canada (where the Service is hosted) and the United States (where our email and SMS delivery subprocessors operate). Section 7 of the Privacy Policy identifies those recipients and the safeguards applied. We remain accountable under APP 8 and section 16C of the Privacy Act 1988 (Cth) for acts of those recipients that would breach the APPs.

Automated decision-making transparency. New Australian Privacy Principle 1.7, introduced by the Privacy and Other Legislation Amendment Act 2024, takes effect on 10 December 2026 and requires an APP entity’s privacy policy to disclose the kinds of decisions made by computer programs that could significantly affect an individual’s rights or interests. Section 10 above and Section 15 of the Privacy Policy describe the two features of the Service that act without a manager’s review at the moment they act, in satisfaction of this requirement. This is a transparency obligation only; it does not require us to stop using these features or to offer a right of human review beyond what is already described.

Notifiable data breaches. If we suspect an eligible data breach affecting personal information we hold, we will assess it within 30 days and, where notification is required, notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as soon as practicable. Where we hold the information on a Customer’s behalf, we will notify the Customer without undue delay and coordinate the joint notification so that only one notification is made.

Australian Consumer Law. If the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applies to the supply of the Service to you, our services come with guarantees that cannot be excluded. Nothing in these Terms excludes, restricts or modifies those guarantees or any right or remedy conferred by that law. Where we are permitted to limit our liability for a breach of a consumer guarantee in respect of services, our liability is limited, at our election, to resupplying the services or paying the cost of having the services resupplied.

Complaints. You may complain to us at privacy@trizelo.app. If you are not satisfied with our response within 30 days, you may complain to the OAIC at oaic.gov.au. Employment, wage and record-keeping complaints are matters for your employer and, where applicable, the Fair Work Ombudsman.

Record retention. Employee records that your employer is required to keep under section 535 of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 are retained for at least seven years from the date the record was made.

17. General Provisions

Severability. If a provision of these Terms is held invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force.

No waiver. A failure or delay in enforcing a provision is not a waiver of it.

Assignment. You may not assign or transfer your rights under these Terms. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Trizelo regarding your individual use of the Service, and supersede any prior understanding on that subject. They do not vary the subscription agreement between Trizelo and your Customer.

Language. These Terms are drawn up in English. As the Service is not offered in Quebec (Section 15), no French-language version is published at this time.