Effective October 9, 2026
These Terms of Service (the “Terms”) are an agreement between [Company legal name](“Payformotive”, “we”, “us”) and the organization that signs up for Payformotive (the “Customer”, “you”). They cover the Payformotive website and the Payformotive performance and compensation platform (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you accept them on behalf of an organization, you confirm that you have authority to bind it.
1. The Service
Payformotive helps organizations run review cycles: setting company goals, cascading them to employees, collecting self and manager reviews, and calculating and approving compensation changes. We may improve, change or discontinue features over time. If we remove a feature you rely on in a way that materially reduces the Service, we will tell you in advance where we reasonably can.
2. Accounts and users
- You are responsible for the people you invite (your “Users”), including administrators, managers and employees, and for their use of the Service.
- Keep sign-in credentials confidential and tell us promptly at [legal@yourdomain.com] if you suspect unauthorized access.
- The information you provide when signing up must be accurate and kept up to date.
3. Your data
You keep all rights to the data you and your Users put into the Service, such as employee details, goals, reviews, ratings and salary information (“Customer Data”). You give us permission to host, process and display Customer Data only as needed to provide, secure and support the Service. Our handling of personal data is described in our Privacy Policy.
You are responsible for having the right to provide Customer Data to us, including giving any notices to and obtaining any consents from your employees that the law requires.
4. AI-generated content
Parts of the Service use artificial intelligence to suggest content, such as draft goals. Suggestions can be incomplete or wrong. They are a starting point for your Users, not a decision. You are responsible for reviewing them and for any employment or compensation decision you make using the Service.
5. Acceptable use
You agree not to:
- use the Service in breach of any law, including employment, anti-discrimination and data protection laws;
- upload malicious code or try to disrupt, probe or gain unauthorized access to the Service or other customers’ data;
- copy, resell or reverse engineer the Service, or use it to build a competing product;
- use the Service to harass anyone or to process data you have no right to process.
We may suspend access if we reasonably believe these rules are being broken or the Service is at risk, and will tell you why where we can.
6. Fees
Paid plans are billed as set out in your order or on our pricing page. Unless stated otherwise, fees are charged in advance, are non-refundable, and exclude taxes, which you are responsible for. We will give you at least 30 days’ notice of any price change, which takes effect at your next renewal.
7. Our intellectual property
We own the Service, including its software, design and branding. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes while your subscription is active. If you send us feedback, we may use it without obligation to you.
8. Confidentiality and security
Each party will protect the other’s confidential information with reasonable care and use it only for the purposes of these Terms. We use administrative, technical and organizational measures designed to protect Customer Data, including access controls that keep each organization’s data separate.
9. Term and termination
These Terms apply from when you first use the Service until your subscription ends. Either party may end them if the other materially breaches them and does not fix the breach within 30 days of notice. You can stop using the Service at any time. After termination you may request an export of Customer Data for 30 days, after which we will delete it from our active systems, except where the law requires us to keep it.
10. Disclaimers
Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not give legal, tax or employment advice.
11. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue. Each party’s total liability under these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or to either party’s liability that cannot be limited by law.
12. Indemnity
You will defend and indemnify us against third-party claims arising from Customer Data or from your or your Users’ breach of these Terms or of the law.
13. Changes to these Terms
We may update these Terms. If a change is material, we will notify account administrators at least 30 days before it takes effect. Continuing to use the Service after that date means you accept the updated Terms.
14. General
These Terms are governed by the laws of [State / country], without regard to its conflict-of-laws rules. Neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all of its business. If any part of these Terms is unenforceable, the rest remains in effect. These Terms, together with any order form, are the whole agreement between us about the Service.
15. Contact
[Company legal name], [Registered address]. Email: [legal@yourdomain.com]