Terms of Service
These Terms of Service (the "Terms") are an agreement between Worktrim LLC ("Worktrim", "we", "us") and the business that signs up for Worktrim (the "Customer" or "you"). They cover the Worktrim web app, mobile apps, kiosk app, worktrim.com and every Worktrim service (together, the "Services").
By creating an account, checking the box at sign-up or using the Services, you agree to these Terms. If you accept them for a business, you confirm that you have authority to bind that business. If you do not agree, do not use the Services.
If you use Worktrim because your employer invited you, section 3 is written for you. Your employer, not you, is the Customer.
Worktrim is software for running a business. It is not a law firm, an accounting firm, a bank or a healthcare provider, and nothing in the Services is legal, tax, financial or medical advice.
Contents
- Definitions
- Accounts and users
- If you use Worktrim as an employee
- Plans, trials and fees
- Invoicing and payments
- Payroll
- Tax filing service
- Time, scheduling, location and photos
- Hiring, onboarding, e-signatures and Form I-9
- Senior Care
- Your responsibilities
- Acceptable use
- Customer Data
- Third-party services
- Communications and electronic signatures
- Worktrim's rights and feedback
- Confidentiality
- Suspension, cancellation and termination
- Disclaimers
- Limitation of liability
- Indemnification
- Governing law and disputes
- Changes to the Services and these Terms
- General
- Contact
1. Definitions
- Authorized Users: the people the Customer lets use its account, such as owners, administrators, managers and employees.
- Customer Data: information the Customer or its Authorized Users put into the Services or that the Services create for them, such as employee records, time punches, schedules, payroll, invoices and resident records.
- Plan: the subscription the Customer chooses (Basic, Payroll, Pro, Senior Care, or another plan we offer), as described on the pricing page and at checkout.
- Active employee: a person who, in the last 30 days, clocked in, was on the schedule or was paid through Worktrim.
- Order: the Plan, options, quantities and prices shown when you subscribe or change your subscription in the app.
2. Accounts and users
You must give accurate, complete and current information when you sign up and keep it up to date, including your legal business name, tax identifiers and contact details. The Services are for businesses operating in the United States and are not for personal, household or consumer use.
You decide who your Authorized Users are and what each one can see and do. You are responsible for everything done under your account, for your Authorized Users following these Terms, and for removing access when someone leaves. Keep passwords and sign-in codes confidential, turn on two-step verification where it is offered, and tell us at [email protected] straight away if you suspect unauthorized use.
An Authorized User must be at least 14 years old, and old enough to work under the law that applies to them.
3. If you use Worktrim as an employee
If your employer invited you to Worktrim, you may use the Services free of charge to clock in and out, see your schedule and pay, request time off, message your team and complete the tasks your employer sends you. By joining, you agree to sections 2, 3, 12, 15, 16, 19, 20, 22, 23 and 24 of these Terms and to our Privacy Policy.
- Worktrim is not your employer. Your employer decides your schedule, pay, deductions and policies, and is responsible for paying you correctly. Questions about your pay or schedule go to your employer.
- Your employer controls its account. It can see the information you enter, your time records and, if it turns them on, your location during a shift and photos taken when you clock in or out.
- Enter only true information, use only your own sign-in and do not clock in or out for anyone else.
- Your account is set up and managed by your employer; the app is your way into it. To close it, ask your employer to remove you, or contact us (see our Privacy Policy). Your employer keeps the records it needs, and how you can get copies of your pay stubs and tax forms is up to your employer and the law.
4. Plans, trials and fees
Plans and prices
Prices for each Plan are shown on worktrim.com/pricing and at checkout. Most Plans charge a base fee plus a fee for each active employee, with a lower rate from the 41st active employee. Senior Care also charges per facility, per licensed bed and, with its payroll option, per person paid. The Order you accept in the app is what you pay.
Invoicing is free
Creating and sending invoices is free on every account, with or without a Plan. Card and bank processing fees still apply when your customers pay online (section 5).
Free trial
The Basic Plan comes with a 30-day free trial, once per business. Payroll, Pro and Senior Care do not have a free trial and start as paid subscriptions. If you have added a payment method and have not cancelled by the end of the trial, your Basic subscription starts automatically and is charged at the price shown when you started the trial. Without a payment method, features that need a Plan stop at the end of the trial until you subscribe.
Billing, renewal and counts
- Subscriptions are billed in advance, monthly or yearly, and renew automatically for the same period until cancelled. A yearly subscription costs ten times the monthly price.
- We count active employees (and, for Senior Care, facilities, licensed beds and people paid) automatically and update the count as your team changes. Each renewal is billed on the count at that time. We do not prorate charges or give credits for changes during a billing period.
- You authorize us and our payment processor, Stripe, to charge the payment method on file for subscription fees, the payroll and tax fees in sections 6 and 7, and any applicable taxes, when they are due.
- Fees do not include sales, use or similar taxes. You pay those where they apply.
Price changes
We may change prices. We will email the account owner at least 30 days before a price increase applies to your subscription, and the new price starts at your next renewal after that notice. Some prices are marked as launch prices: the Payroll Plan's launch price applies until we announce otherwise, and subscriptions started at a launch price keep it unless we give the notice above.
Features by Plan
Some features need a particular Plan (for example, team messaging, hiring, onboarding and certifications need Basic or higher, and some features need Pro or Senior Care). Where we have told you in writing that you keep a feature until a date, you keep it until that date.
Late payment and refunds
If a payment fails, we will tell you and try again. If an amount stays unpaid for 14 days after we have told you, we may suspend features that need a Plan until it is paid (section 18). Fees are not refundable, including for unused time after you cancel, except where the law requires it or where we choose to give a refund or credit.
5. Invoicing and payments
- To accept online payments from your customers you must open a payment account with Stripe and accept the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Stripe, not Worktrim, processes the payments and holds the funds. You authorize Worktrim to share your information with Stripe and to give Stripe instructions on your behalf to run the Services.
- You are the seller. You are responsible for your invoices, the goods and services you sell, refunds, chargebacks and disputes, and any taxes on your sales.
- Processing fees apply to card and bank (ACH) payments and are shown in the app. You choose whether you or your customer pays them. If your customer pays them, the payment page shows the fee and asks your customer to agree before paying. You are responsible for following the laws and card-network rules on passing fees to customers, including states that limit or ban card surcharges.
- We may refuse, hold or reverse a payment that we or Stripe reasonably believe is fraudulent, unauthorized or in breach of these Terms or Stripe's terms.
6. Payroll
This section applies when your Plan includes payroll.
What Worktrim does
Worktrim calculates pay, withholding, deductions and employer taxes from the information you and your employees provide, produces pay stubs and year-end forms, and, when you approve a payroll, sends payment instructions to pay your employees by direct deposit.
What you do
- You are the employer. You are responsible for the hours, pay rates, pay types, deductions, benefits, worker classification and employee elections you enter.
- Before you approve a payroll, you must check that every amount is correct: hours, gross pay, each tax withheld, employer taxes, deductions and net pay. A payroll you approve is your confirmation that you have checked it and your instruction to pay it.
- You keep your tax settings correct, including federal and state account numbers, deposit schedules and unemployment rates.
- Warnings and checks in Worktrim help you find mistakes. They do not make Worktrim responsible for your decisions or for the amounts you approve.
Your payroll account and funding
- Payroll is paid from a payroll account (a wallet) opened in your business's name with our payments provider, Moov Financial, Inc. ("Moov"). When you open it, you agree to the Moov Platform Agreement, and you authorize Worktrim to share your business's and its owners' information with Moov to verify your business and to give Moov instructions on your behalf to run payroll. A business whose payroll account was opened through Stripe before this change keeps it under the Stripe Treasury terms. Worktrim is not a bank and does not hold your or your employees' money. Banking services are provided by our payment providers' partner banks.
- You must have the full net pay of each payroll (and, if Worktrim deposits your payroll taxes, those taxes) in your payroll account before the funding deadline shown for that payroll. You add money by pulling it from the business bank account you link. Cards are not accepted for payroll. A pull is held until it clears, and while your business is new to Worktrim each pull may be limited to a smaller amount that goes up as your pulls clear. We may hold, delay or cancel a payroll that is not fully funded on time.
- You authorize Worktrim, through Moov (or Stripe, for a payroll account opened through Stripe), to debit the bank account you link for the pulls you ask for or schedule, payroll fees and the reversal of any amount that was paid out but not funded. If a debit is returned, you will pay the shortfall and any return fees straight away, and we may stop processing further payrolls and pulls until you do.
- Payroll fees shown in the app, such as per-run fees, are charged separately from your subscription.
Taxes and corrections
Worktrim's tax calculations, tables and forms are tools to help you; you, as the employer, remain solely responsible for your payroll and payroll taxes. To the fullest extent the law allows, Worktrim is not responsible for any tax, penalty, interest, underpayment, overpayment or other cost arising from a payroll, a tax calculation, a tax deposit or a tax form, whatever the cause. If a payroll or form turns out to be wrong, you are responsible for correcting it, paying any amount due, and recovering any overpayment from your employee as the law allows. Worktrim may fix errors it finds in the software and will help you prepare corrected payrolls and forms through the Services, but doing so does not make Worktrim responsible for the error or its cost.
Pay stubs and tax forms
Employees get pay stubs and year-end forms (such as Form W-2) in the Worktrim app. Before a W-2 is provided only electronically, the employee must consent to electronic delivery, and you are responsible for providing a paper copy to any employee who does not consent or who asks for one.
7. Tax filing service
This section applies only if Worktrim makes a tax filing service available to your business and you enroll in it in the app. Until then, you are responsible for depositing and filing your own payroll taxes.
- You appoint Worktrim as your reporting agent for the federal payroll tax returns and deposits listed on the IRS Form 8655 you sign, and as your agent for the state returns and payments you enroll. You remain liable for your payroll taxes. Appointing Worktrim does not transfer that liability to us.
- Tax money is kept in a separate tax account in your business's name. You must keep it funded so each deposit can be made on time.
- You must check the amounts in each payroll before approving it (section 6) and review the deposits and returns shown in the app. Deposits and returns are made from the payrolls you approved and the information you gave us.
- The Taxes and corrections paragraph in section 6 applies to this service: to the fullest extent the law allows, Worktrim is not responsible for any tax, penalty or interest, whatever the cause, including late or incorrect deposits or filings.
- You must send us any notice you receive from a tax agency about a period we filed within 15 days of receiving it.
- The service fee is shown in the app (currently a monthly base fee, a fee per employee and a fee for each additional state) and is charged separately from your Plan.
- If you cancel the service, we will complete the deposits and filings already due for periods we handled, as long as the tax account is funded, and file the revocation of our authorization. You are responsible for later periods.
8. Time, scheduling, location and photos
- Time records, schedules, breaks, rounding, overtime, time off and attendance rules follow the settings you choose. You are responsible for choosing settings that comply with the laws that apply to you, including overtime, break, predictive-scheduling and minor labor laws.
- If you turn on location checks, geofences or photos at clock-in and clock-out, you must tell your employees before they are used and get any consent the law requires (for example, written notice of electronic monitoring under New York, Connecticut and Delaware law). Worktrim collects location only during a shift and only when you turn it on. Photos are used to confirm who punched, and we do not use them for facial recognition.
- Kiosks and shared devices are your responsibility to secure.
9. Hiring, onboarding, e-signatures and Form I-9
- You are responsible for your job postings, how you review applicants and your hiring decisions, and for following anti-discrimination, background-check and record-keeping laws.
- Worktrim provides onboarding packets, electronic signatures and an electronic Form I-9. You, as the employer, are responsible for completing Section 2 of Form I-9, examining the documents, re-verification and keeping Forms I-9 for as long as federal law requires. If you use a background-check or employment-verification service alongside Worktrim, you must follow that service's terms and the laws that apply to it, including the Fair Credit Reporting Act.
10. Senior Care
- Senior Care tools (resident records, medication administration records, ADL charting, vitals, incidents, pharmacy connections and resident billing) help your staff record and organize care. They are not medical devices and do not replace the judgment of licensed staff, prescribers or pharmacists. You are responsible for the care you give, the accuracy of records and orders, and compliance with your licensing rules.
- If your facility is a covered entity under HIPAA, you must sign a Business Associate Agreement with us before you put protected health information into Worktrim. Ask for one at [email protected]. When a Business Associate Agreement is in place, it controls for protected health information if it conflicts with these Terms.
- You are responsible for any consent or authorization a resident or their representative must give for their information to be recorded or shared with a pharmacy or another provider.
11. Your responsibilities
You are responsible for:
- having the right to put Customer Data into Worktrim and to have us process it as these Terms describe, including giving your employees, applicants, residents and customers any notices and getting any consents the law requires;
- the accuracy of Customer Data and the decisions you make with the Services;
- complying with the laws that apply to your business, including wage and hour, tax, employment, immigration, privacy, healthcare and consumer protection laws; and
- keeping your own copies of records you are legally required to keep, in addition to what is in Worktrim.
12. Acceptable use
You and your Authorized Users must not:
- break the law, or use the Services to discriminate unlawfully, to harass anyone, or to monitor people in ways the law does not allow;
- enter information about someone without the right to do so, or enter false information, including clocking in for another person;
- send spam or unlawful messages through messaging, invoicing, hiring or any other feature;
- upload viruses or other harmful code, probe or test our security, or try to reach accounts or data you are not allowed to see;
- copy, scrape, reverse engineer or resell the Services, or use them to build a competing product;
- put an unreasonable load on our systems, or get around limits we set; or
- use the Services in breach of export control or sanctions laws.
13. Customer Data
- Ownership. You own Customer Data. You give Worktrim a limited right to host, copy, process, transmit and display it as needed to provide, secure, support and improve the Services, to follow your instructions and to comply with the law.
- Our role. For Customer Data, Worktrim acts as your service provider. We use it only for the purposes in these Terms and our Privacy Policy, and we do not sell it. A Data Processing Addendum is available on request.
- Aggregated data. We may create and use aggregated or de-identified information that does not identify you, your users or any individual, for example to improve the Services or to publish benchmarks.
- Support access. When you ask for help, or when needed to keep the Services secure or working, authorized Worktrim staff may view your account. Staff views are read-only unless you ask us to make a change, and they are logged.
- Security. We use reasonable administrative, technical and physical safeguards to protect Customer Data, as described in our Privacy Policy, and will tell you without undue delay if we learn of a security breach affecting your Customer Data.
- Export and deletion. You can export your data from the app while your account is open. After your account closes you have 60 days to ask us for an export. After that we may delete Customer Data, except what we must keep by law (for example, tax records for filings we made as your agent) and copies in backups, which are deleted on their normal cycle.
14. Third-party services
The Services work with services we do not control, such as Stripe, QuickBooks, Xero, Square, pharmacies, app stores and government systems. Your use of them is governed by their terms. When you connect one, you authorize us to exchange data with it on your behalf. We are not responsible for third-party services, and we may stop supporting one if it changes or ends.
15. Communications and electronic signatures
- You agree to receive agreements, notices, invoices, receipts, tax forms and other communications from us electronically, by email or in the app, and agree that they meet any requirement that they be in writing.
- Documents signed electronically in Worktrim, including these Terms, onboarding documents and authorizations, have the same effect as handwritten signatures under the federal ESIGN Act and state electronic-transaction laws. You can ask us for a paper copy at any time.
- We send service messages (such as sign-in codes, payroll and billing notices and shift reminders) by email, text message and push notification. Message and data rates may apply. You can turn off optional notifications in your settings. Marketing emails always include an unsubscribe link.
16. Worktrim's rights and feedback
Worktrim and its licensors own the Services, including the software, designs, content and trademarks. While your subscription is active, and subject to these Terms, we give you a non-exclusive, non-transferable right for your Authorized Users to use the Services for your internal business purposes. We keep all rights we do not expressly give you. If you send us ideas or feedback, we may use them without any obligation to you.
17. Confidentiality
Each of us will protect the other's non-public information that it receives through the Services, using at least reasonable care, and use it only for the purposes of these Terms. This does not cover information that is public through no fault of the receiving party, was already known to it, is received lawfully from someone else, or is developed independently. Either of us may disclose information if the law requires it, after notifying the other where the law allows.
18. Suspension, cancellation and termination
- Cancelling. You can cancel your subscription in the app at any time. It ends at the end of the current billing period, and you will not be charged again.
- Suspension. We may suspend all or part of the Services if an amount is overdue as described in section 4, if you or your users break section 12, if we reasonably need to in order to protect the Services, other customers or the public, or if the law, Stripe or a government agency requires it. We will give notice and a chance to fix the problem first unless it is urgent.
- Termination. Either of us may end these Terms if the other materially breaches them and does not fix the breach within 30 days of written notice. We may also end a free account, or stop offering a Service, with 30 days' notice.
- Payroll and taxes in progress. Ending these Terms does not cancel a payroll you have approved and funded, or the deposits and filings described in section 7.
- What survives. Sections on fees owed, Customer Data export and deletion, confidentiality, disclaimers, limitation of liability, indemnification and disputes continue after the Terms end.
19. Disclaimers
We work to keep the Services available, accurate and secure, but they are provided "as is" and "as available". To the fullest extent the law allows, Worktrim disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and does not promise that the Services will be uninterrupted, error-free or meet every need. Calculations, rules, templates, guides and warnings in the Services are tools to help you; they are not legal, tax, accounting or medical advice.
20. Limitation of liability
To the fullest extent the law allows:
- Neither Worktrim nor the Customer is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused, even if told they were possible.
- Worktrim is not liable for any tax, penalty, interest or payroll amount, as described in sections 6 and 7.
- Each party's total liability arising from these Terms or the Services is limited to the fees the Customer paid Worktrim in the 12 months before the event that gave rise to the claim. For a free account, Worktrim's total liability is limited to $100.
- These limits do not apply to the Customer's obligation to pay fees and fund payroll and taxes, to either party's indemnification obligations, or to liability that the law does not allow to be limited.
21. Indemnification
- The Customer will defend Worktrim and its officers, employees and agents against any third-party claim, including a claim by an employee, applicant, resident, customer or government agency, arising from Customer Data, the Customer's employment, pay, tax, care or business practices, or the Customer's breach of these Terms, and will pay the resulting damages, fines, settlements and reasonable legal fees.
- Worktrim will defend the Customer against any third-party claim that the Services, as provided by Worktrim, infringe that party's intellectual property rights, and will pay the resulting damages, settlements and reasonable legal fees. If that happens, we may change the Services so they no longer infringe, get you the right to keep using them, or end the affected Service and refund prepaid fees for the unused period. This does not cover claims caused by Customer Data, third-party services or use of the Services in breach of these Terms.
- The party claiming indemnity must tell the other promptly, let it control the defense and settlement (a settlement that admits fault for, or binds, the protected party needs its consent) and cooperate reasonably.
22. Governing law and disputes
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules, and by applicable US federal law. Before starting a legal proceeding, the party with a complaint will write to the other and both will try in good faith to resolve it for 30 days. After that, either party may bring a claim only in the state or federal courts located in Mecklenburg County, North Carolina, and both parties agree to those courts' jurisdiction. Either party may ask any court for urgent relief to protect its intellectual property or confidential information.
23. Changes to the Services and these Terms
We improve the Services all the time and may add, change or remove features. We will not make a change that materially reduces the core functions of a Plan you have paid for during your current billing period, unless the law or security requires it.
We may update these Terms. We will change the "Last updated" date above and, for changes that materially affect your rights, email the account owner at least 30 days before they take effect. Continuing to use the Services after the effective date means you accept the updated Terms. If you do not accept them, you may cancel before they take effect.
24. General
- These Terms, your Orders, our Privacy Policy and any Business Associate Agreement or Data Processing Addendum we sign with you are the whole agreement between us about the Services. If they conflict, the signed addendum controls for its subject, then the Order, then these Terms.
- Neither party may transfer these Terms without the other's consent, except to a successor in a merger or a sale of all or most of its business or assets.
- Neither party is responsible for a delay or failure caused by events beyond its reasonable control, such as natural disasters, outages of third-party networks or banks, or government action, except for paying money owed.
- If a provision is found unenforceable, it is limited to the minimum extent necessary and the rest of these Terms stays in effect. Not enforcing a right is not a waiver of it.
- The parties are independent contractors. There are no third-party beneficiaries of these Terms.
- We may name you as a customer in our marketing unless you ask us not to.
25. Contact
Worktrim LLC
5960 Fairview Road, Suite 400
Charlotte, NC 28210
[email protected] • +1 (800) 903-2036
Legal notices to Worktrim must be sent by email to [email protected] with "Legal notice" in the subject, and by mail to the address above. We send notices to the account owner's email address.