Hilo Terms of Service

Version draft-2026-10-17

Effective Date: [DATE] Operator: [COMPLETE LEGAL ENTITY NAME, confirm ownership] (“Hilo,” “we,” “us”) Postal address: [REAL BUSINESS MAILING ADDRESS] Support: [CONTACT EMAIL OR SUPPORT URL] 1. Agreement and definitions. These Terms govern access to Hilo's online scheduling, workforce communications, timekeeping, payroll-preparation, document and related management services (“Services”). “Customer” means the contracting business or employer; “Authorized User” means a staff member or other individual allowed by Customer; “Customer Data” means records submitted, collected or generated by Customer's use of the Services. By accepting these Terms or using the Services on behalf of a Customer, the signer represents that they have authority to bind that entity. A person's use in their capacity as an employee does not make that employee individually responsible for the employer's fees unless separately agreed. 2. Account administration. Customers are responsible for designating a verified Organization Owner, setting authorized roles, maintaining accurate worksite and business details, securing credentials, timely revoking former personnel, and verifying activities performed using delegated access. Hilo may require MFA for higher-risk features and may restrict compromised access. Platform staff access is limited by internal controls and documented support purpose. 3. Employer's legal responsibilities. The Customer remains employer of record and is responsible for classification, compensation, hiring/minor eligibility, permits, safe assignments, lawful schedules, wage notices, timekeeping accuracy, paid and unpaid breaks, payroll tax and wage remittance, employment records, applicable federal/state/local law and employee rights. Hilo generates alerts and calculations based on settings and law datasets that may be incomplete or need professional review; Hilo does not act as employer, accountant, bank, law firm or final arbiter of legal compliance. Customers must validate each export, rate, deduction and deadline and ensure all compensable work is paid even when flagged. 4. Services and acceptable use. Use Services only for lawful business administration. Prohibited conduct includes unlawful discrimination/harassment, child labor violations, illegal surveillance, retaliation for wage complaints, uploading unnecessary sensitive information, infringement, fraud, false punch edits, attempts to bypass role permissions, credential theft, malicious code, service abuse and unsolicited SMS/email. Do not use Hilo to fabricate time records or conceal wages. The Customer may be responsible for its users' misuse and must cooperate with security investigations. 5. Data and confidentiality. Customer retains its lawful rights in Customer Data and grants Hilo only the rights necessary to provide, protect, support and improve Services as described in the Privacy Policy and any signed Data Processing Agreement. The Customer must have a lawful basis to collect, upload and use employee information and must provide required workplace privacy notices. Hilo will not treat one employer's payroll data as another employer's data. Vendor subprocessors and cross-border use are subject to disclosed controls and applicable law. 6. Messaging. SMS is optional, requires separate recipient consent and approved sender/campaign routing and is governed by [SMS Terms URL]. Employees who decline optional SMS must still be able to obtain essential schedules and time records via alternate lawful means. Carrier delivery is not guaranteed. Email is subject to Postmark/provider availability and lawful communications practices. 7. Payroll exports and third-party systems. Bank-compatible files, APIs and webhook integrations transmit instructions/data, not wages; external banks/processors determine acceptance and funds movement. Hilo is not liable for the Customer's incorrect employee identifiers, pay rates, bank schemas or failure to process an export, except to the extent applicable law or an expressly signed service agreement provides otherwise. Do not disclose secrets in exported reports. 8. Fees, subscriptions and taxes. If billing is offered, plan prices, usage limits, payment methods, renewals and cancellation terms are set out at [PRICING URL] or a signed order form. No plan price is legally in effect solely because a draft product document suggests one. Taxes and chargebacks follow the applicable order and law. For consumer purchasers, provide all mandatory automatic-renewal and cancellation notices. 9. Availability, beta features and changes. Hilo may maintain, modify or retire features with notice appropriate to their significance. Optional beta, inventory or biometric features have distinct disclosures. Hilo will use commercially reasonable measures to protect data, but no service can guarantee perfect availability, delivery or security. Any formal service-level warranty must appear in a separately executed agreement. 10. Security and incident response. Customers must notify Hilo promptly at [SECURITY EMAIL] of suspected misuse. Hilo may temporarily restrict access reasonably necessary to protect users and systems and will provide breach notifications as required by applicable law and applicable written commitments. Neither party may knowingly circumvent security controls. 11. Records, export and termination. Customers may export authorized data before termination using available tools. Hilo may preserve timekeeping/payroll and consent evidence where required for legal compliance, holds, disputes and security, subject to law and contract; deletion is not guaranteed immediately or for all legally required records. After any contractually defined retention window, Hilo will delete or de-identify data in accordance with the Privacy Policy/DPA and legally required exceptions. 12. Intellectual property. Hilo and licensors retain the Services' software, design and trademarks; Customer retains its own business data, materials and brand subject to third-party rights. Feedback may be used to improve Services without revealing confidential Customer Data, where lawful. 13. Disclaimers and liability. TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED SUBJECT TO THE EXPRESS WARRANTIES IN ANY SIGNED ORDER FORM OR SERVICE AGREEMENT; ALL OTHER WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED. THE PARTIES' LIMITATIONS OF LIABILITY, EXCLUDED DAMAGES, CAPS, AND REQUIRED EXCEPTIONS (INCLUDING FRAUD, WILLFUL MISCONDUCT, CONFIDENTIALITY, PRIVACY, UNPAID WAGES OR NONWAIVABLE STATUTORY RIGHTS AS APPLICABLE) MUST BE INSERTED AND APPROVED BY COUNSEL IN [LIABILITY ADDENDUM]. Do not rely on this placeholder as an operative liability cap. 14. Suspension, termination and disputes. Hilo may suspend activity creating material abuse, security or legal risk, with notice where reasonable. Remaining charges and access consequences are determined by the signed order. Governing law, court venue or arbitration provisions, notice/cure and any mandatory employer or consumer rights must be negotiated and specified in [DISPUTE / JURISDICTION ADDENDUM]. This template does not force employees to arbitrate wage claims or waive nonwaivable rights. 15. Updates and contact. We may change these Terms prospectively, providing notice appropriate to the changes and preserving historical acceptance records. Questions or legal notices should be sent to [LEGAL CONTACT/POSTAL ADDRESS]. The current version and archive will be available at the public Terms URL.