Terms of Service

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

You must be at least 16 years old and capable of forming a binding contract to use the Service. The Service is intended for business and employment use, not for personal or consumer purposes.

Accounts are created by an organization’s administrator or by you during sign-up, and each user is assigned a role such as worker, manager, or admin that determines what they can access. You are responsible for:

• Providing accurate and complete information when creating or maintaining your account.
• Keeping your login credentials confidential and secure.
• All activity that occurs under your account.
• Notifying us promptly at info@orkawork.com if you suspect unauthorized use of your account.

Administrators and managers can view, add, deactivate, and manage the accounts and work records of users within their organization, in accordance with their role and permissions.

Access to certain features requires an active paid subscription held by your organization. The following apply to subscriptions:

• Subscription plans, features, and pricing are described at the point of purchase and may be updated from time to time.
• Fees are billed in advance on a recurring basis according to the plan selected, and unless otherwise stated are non-refundable except where required by law.
• If a subscription lapses or is not renewed, access to paid features may be suspended or limited to read-only, while account data is retained subject to our Privacy Policy.
• You are responsible for all applicable taxes associated with your subscription.

Where subscriptions are purchased through a third-party app store (such as the Apple App Store or Google Play), that store’s billing terms and cancellation rules also apply.

You agree not to, and not to permit anyone to:

• Use the Service in violation of any applicable law or regulation, including employment, labor, and data protection laws.
• Submit false attendance, location, or time records, or otherwise tamper with clock-in, break, or geolocation data.
• Access, or attempt to access, another user's account or data without authorization.
• Interfere with, disrupt, or overload the Service, or attempt to bypass its security or usage limits.
• Reverse engineer, copy, or create derivative works of the Service except as permitted by law.
• Upload malicious code or use the Service to store or transmit unlawful, harassing, or infringing content.

You and your organization retain ownership of the content and data you submit to the Service, including attendance records, tasks, messages, and profile information (“Your Content”). You grant us a limited license to host, process, and transmit Your Content solely to provide and maintain the Service. Our handling of personal data is described in our Privacy Policy.

The Service, including its software, design, logos, and trademarks, is owned by OrkaWork and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes. No rights are granted except as expressly stated in these Terms.

The Service relies on third-party providers — including Amazon Web Services (AWS), Firebase Cloud Messaging, Google, and Apple — for hosting, authentication, and notifications. Your use of features provided through these third parties may be subject to their terms, and we are not responsible for the acts or omissions of third-party providers.

Certain features rely on device location to verify attendance within assigned work zones. Location accuracy depends on your device, operating system, and network conditions, and we do not guarantee that location or attendance data will be error-free. You and your organization are responsible for how attendance, location, and payroll data are used for employment purposes, and for complying with applicable laws when doing so.

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service, and may release updates or change features, at any time. Where changes materially reduce core functionality of a paid plan, we will make reasonable efforts to notify affected organizations.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements or be uninterrupted, secure, or error-free, to the maximum extent permitted by law.

To the maximum extent permitted by law, OrkaWork will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim arising out of or relating to the Service will not exceed the amount your organization paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.

You agree to indemnify and hold harmless OrkaWork and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

You may stop using the Service at any time, and an organization may cancel its subscription in accordance with its plan. We may suspend or terminate your access if you breach these Terms, fail to pay applicable fees, or use the Service in a way that may cause harm or legal liability. Upon termination, your right to use the Service ceases; provisions that by their nature should survive termination will continue to apply. Data handling after termination is described in our Privacy Policy.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you within the app. Your continued use of the Service after the changes take effect means you accept the updated Terms.

These Terms are governed by the laws of the Republic of Kosovo, without regard to its conflict-of-law rules. The courts located in Kosovo will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, unless mandatory law provides otherwise.

If you have questions about these Terms, contact us at: