Terms and Conditions

1. Acceptance of Terms

Welcome to FIDI Hospitality Staffing Software. By accessing or using our platform, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our software. These Terms constitute a legally binding agreement between you and FIDI Hospitality Staffing ("Company," "we," "us," or "our").

2. Description of Service

Our platform provides staffing management software designed for the hospitality industry. The software facilitates scheduling, shift management, payroll processing, communication between employers and staff, time tracking, and related workforce management functions. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

3. User Accounts and Registration

To access certain features of our platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with any third party

You must be at least 18 years old to create an account and use our platform.

4. User Roles and Responsibilities

5. Acceptable Use Policy

You agree NOT to:

• Use the platform for any unlawful purpose or in violation of any applicable laws
• Upload, transmit, or distribute any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems, networks, or user accounts
• Interfere with or disrupt the integrity or performance of the platform
• Reverse engineer, decompile, or attempt to extract source code from our software
• Use automated systems (bots, scrapers) to access the platform without permission
• Harass, abuse, threaten, or discriminate against other users
• Share, sell, or redistribute platform access to unauthorized third parties
• Submit false, misleading, or fraudulent information through the platform

6. Intellectual Property Rights

All content, features, and functionality of our platform, including but not limited to text, graphics, logos, software, code, design, and user interface, are owned by FIDI Hospitality Staffing or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our platform without our express written permission.

7. Payment and Billing

If you are subscribing to a paid service or feature:

• You agree to pay all applicable fees according to the pricing and payment terms presented to you
• All fees are non-refundable unless otherwise stated in writing
• We reserve the right to modify our pricing with advance notice
• You are responsible for all taxes associated with your use of the platform
• Failure to pay may result in suspension or termination of your account

For payroll processing services, you acknowledge that we act only as a facilitator and that employer-employee payment obligations remain between the respective parties.

8. Privacy and Data Protection

Your use of our platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the platform, you consent to our collection and use of data as described in the Privacy Policy. Please review our Privacy Policy for more details.

9. Communications and Notifications

By creating an account, you consent to receive communications from us, including email notifications, SMS messages, and in-platform notifications related to your account, schedule updates, shift assignments, payroll information, and other service-related announcements. You may opt-out of non-essential communications through your account settings, but certain transactional messages are required for platform functionality.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the platform will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content

We do not guarantee that the platform will meet your specific requirements or that any errors will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIDI HOSPITALITY STAFFING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless FIDI Hospitality Staffing, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you submit through the platform.

13. Third-Party Services and Integrations

Our platform may integrate with or link to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or functionality of these third parties. Your use of third-party services is at your own risk and subject to their respective terms and policies.

14. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Prolonged inactivity
• Any reason at our sole discretion

You may terminate your account at any time by contacting us. Upon termination, your right to access and use the platform will immediately cease. We may retain certain information as required by law or for legitimate business purposes.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the platform and updating the "Last Updated" date. Your continued use of the platform after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the platform.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the platform shall be resolved through:

• First, good faith negotiation between the parties within 30 days
• If unresolved, binding arbitration in New York County, New York, under the rules of the American Arbitration Association
• The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

17. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the platform, constitute the entire agreement between you and FIDI Hospitality Staffing regarding your use of the platform and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions or concerns about these Terms, please contact us: