Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and Vantage Enterprises, LLC (“Vantage,” “we,” “us,” or “our”). They cover Vantage Workforce: the website at vantagewfm.com, the app at app.vantagewfm.com, our phone apps when they are released, and everything you reach through them (together, the “Service”).

By creating an account, accepting an invitation to a workspace, or using the Service, you agree to these Terms and to the policies they mention: the Privacy Policy, the Acceptable Use Policy, and, for paying customers, the Data Processing Agreement and the Billing, Refunds, and Cancellation policy. If you accept these Terms for a company, you confirm you have authority to bind it, and “you” means that company as well as you.

Section 20 has a binding arbitration clause and a class action waiver. It affects how disputes are resolved. You can opt out within 30 days, as Section 20 explains.

• Workspace: a company’s own space in the Service, with its people, sites, settings, and records.
• Customer: the company or person that creates a workspace. The person who creates it is its owner.
• Member: anyone the customer invites into its workspace, with a role of owner, admin, manager, or employee.
• Customer Data: everything members put into a workspace or that the Service records for it, such as schedules, time entries, messages, files, forms, and profiles.
• AI features: Company Bot, AI Automations (including Ask AI), and the AI tools described on our AI Transparency page.

You must be at least 16 years old, and old enough to work where you live, to use the Service. A customer must be a business or a person acting for one; the Service is not for personal or household use.

You agree to give accurate information when you sign up, to keep your password to yourself, and to tell us promptly at [email protected] if you think someone else has used your account. You are responsible for what happens under your account.

The owner and the admins they appoint control the workspace. They decide who is invited, what role each person has, which tools are on, what is collected, and how long some records are kept. A manager can act on the people and sites they manage, as the workspace is set up.

The customer is responsible for its members’ use of the Service and for making sure they follow these Terms. If you joined a workspace through your employer, your employer controls that workspace and its data; see our Notice for Employees.

We may contact the owner about the workspace, including about billing, security, and changes to these Terms.

If you run a workspace, you are responsible for:

• Having the right to collect and use the information you put into it, including information about your employees, and telling them what is collected, such as their location when they clock in or out.
• Getting any consent the law requires, for example for location, photos, signatures, or messages to customers.
• Following the employment, wage and hour, scheduling, leave, and privacy laws that apply to your business, including any predictive scheduling or rest break rules.
• Checking timesheets, overtime, time off balances, and other records before you rely on them for payroll or any decision about a person.
• Keeping the records the law requires you to keep, in your own systems if needed.

The Service is a tool for running your workforce. It does not give legal, tax, payroll, or employment advice, and it does not decide anything about your people for you.

You agree to use the Service lawfully and as our Acceptable Use Policy describes. In short: do not use it to harm, harass, or deceive anyone, to alter people’s time records to underpay them, to send spam, to track people without telling them, or to get into accounts or workspaces that are not yours. We may remove content or limit an account that breaks that policy.

The Free plan is free for up to the number of people shown on our pricing page. Paid plans are billed monthly in advance, at the prices on the pricing page or agreed with you in writing, and depend on the plan and the number of people in the workspace. Employees never pay.

You authorize us and our payment processor to charge the payment method on file for each billing period and for any add-ons you choose. Prices do not include taxes, which we add where the law requires. Cancelling, refunds, failed payments, and changes to the number of people are covered in our Billing, Refunds, and Cancellation policy.

Limits that apply to a plan, such as the number of people on the Free plan or the number of marketing emails a month, are shown on the plan itself on the pricing page.

AI features use large language models to answer questions and to draft plans, schedules, courses, and summaries. Their output can be wrong, incomplete, or out of date. You are responsible for reviewing it before you rely on it or share it.

Ask AI does work in other tools only after the person asking approves its plan, and Company Bot does a task only after the person asking confirms it; each runs with that person’s own permissions. AI Automations run on their own once someone in your workspace publishes them, with the permissions of the person who published them, until they are switched off. You are responsible for the automations your workspace builds and publishes, for the settings that let steps run without asking, and for what automations send and to whom, including emails and data sent to other systems you choose (webhooks). You are responsible for having any consent the law requires before an automation emails someone. AI features and automations are not designed to make, and you agree not to use them to make, a decision with legal or similarly significant effects on a person (such as hiring, firing, pay, or discipline) without a person reviewing it.

You keep the rights you have in what you put into AI features and in their output, as between you and us. How AI features work, and what they see and keep, is described on our AI Transparency page.

You keep ownership of Customer Data. You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display it only as needed to provide, secure, and support the Service for you, and as you direct through the Service (for example, when you post to a connected social network). We do not sell Customer Data and we do not use it to advertise to anyone.

You confirm you have the rights you need in the content you upload, and that it does not break the law or anyone else’s rights. How we handle personal information is in our Privacy Policy and, for customers, the Data Processing Agreement.

If you send us feedback or ideas, we may use them without owing you anything.

The Service can connect to services run by others when a workspace or a member chooses to connect them: calendars and file storage (Google, Microsoft), meetings (Zoom), code (GitHub), signatures (DocuSign), design (Canva), social networks, Vantage Recruiter, and AI assistants that use our assistant connector. When you connect one, you tell us to send it the information that feature needs, and that service’s own terms and privacy policy apply to what it receives.

We do not control those services and are not responsible for them, for their availability, or for what they do with information you send them. You can disconnect a service at any time in Settings.

Payroll is not available yet. When it is and a workspace turns it on, payroll processing, the calculation, filing, and payment of payroll taxes, and payments to the workspace’s employees and contractors are provided by Check Technologies, Inc. (“Check”). Check states that certain money transmission services are provided by Check Payments LLC or by a licensed partner of it. Check is a separate company from Vantage.

By turning on Payroll, you also agree to Check’s Payroll User Service Terms and Terms of Service, which apply to the payroll services Check provides, and Check’s Privacy Policy applies to the information Check receives.

The optional add-ons for Payroll, such as a 401(k), workers’ compensation insurance, and benefits, are provided by licensed third-party partners where they are available. When you turn one on, that partner’s own terms and privacy policy apply to what it provides and to the information it receives.

If you use the Email or Social Planner tools, you are the sender. You are responsible for having permission to contact the people on your lists, for the content you send or post, and for following the laws that apply, including CAN-SPAM, the TCPA where relevant, and the rules of each social network. Every marketing email we send for you carries your postal address and an unsubscribe link, and we honor unsubscribes.

We may hold or stop a send or a post that looks like spam, that breaks a network’s rules, or that puts our sending reputation at risk.

The Service is designed for workforce records. Unless we agree otherwise in writing, do not use it to store:

• Protected health information on behalf of a covered entity or business associate under HIPAA. We do not sign business associate agreements at this time.
• Full payment card numbers, or data covered by other regimes that need contracts we have not signed with you.

Records an employer keeps about its own employees, such as a time off request with a doctor’s note, are workforce records. Keep them to what you need.

We own the Service, including its software, design, and brand, and we give you a limited, non-transferable right to use it under these Terms while your account is active. You may not copy, resell, frame, or reverse engineer it, except where the law allows that despite this sentence.

We keep improving the Service, so features may be added, changed, or removed. When we remove something you pay for in a way that matters, we will tell owners in advance.

You can stop using the Service at any time. An owner can cancel a paid plan in the app and can ask us to close the workspace by writing to [email protected].

We may suspend or close an account or a workspace if it breaks these Terms, if a payment is overdue as our billing policy describes, if the law requires it, or if it puts the Service, other customers, or anyone else at risk. Where we reasonably can, we will tell you first and give you a chance to fix the problem.

Before a workspace closes, the owner and admins can export what the Service offers to export, such as timesheets, form submissions, schedules, and chat history. After a workspace is closed, we delete its Customer Data within 90 days, except what the law requires us to keep and records in our security logs, which expire on their own schedule as our Privacy Policy describes.

We work hard to keep the Service reliable and secure, but it is provided “as is” and “as available.” To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, error free, or that its calculations (such as overtime or balances) fit your rules without your review.

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if told they were possible.

To the extent the law allows, our total liability for all claims relating to the Service or these Terms is limited to the greater of (a) the fees you paid us for the Service in the twelve (12) months before the event that gave rise to the claim, or (b) one hundred U.S. dollars ($100).

These limits do not apply to your payment obligations, to your obligations under Section 18, or to liability the law does not allow to be limited.

If someone brings a claim against us arising from Customer Data, from your use of the Service in breach of these Terms or the law, or from how you treat your employees or contacts, you will defend us and pay the costs, damages, and reasonable legal fees that result. We will tell you promptly about the claim, let you control the defense, and help where we reasonably can at your cost.

Talk to us first. Before starting a claim, write to [email protected] with your name, your account email, and what you are asking for. Both sides will try in good faith to resolve it for at least sixty (60) days.

Binding arbitration. Any dispute, claim, or controversy relating to the Service or these Terms that is not resolved informally will be settled by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, by a single arbitrator, in English. The seat of arbitration is Craighead County, Arkansas, unless the law requires otherwise; hearings may be held by video.

Class action waiver. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims.

Exceptions. Either side may bring an individual claim in small claims court, and either side may ask a court for an injunction to protect its intellectual property or to stop unauthorized access to the Service. Nothing here waives rights the law does not allow to be waived.

30-day opt out. You may opt out of arbitration by writing to [email protected] within thirty (30) days of first accepting these Terms, with your name, your account email, and a clear statement that you opt out of arbitration. Opting out does not change the rest of these Terms.

These Terms are governed by the laws of the State of Arkansas, excluding its conflict of laws rules, and the Federal Arbitration Act governs Section 20. For any claim that is not arbitrated, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Craighead County, Arkansas.

We respond to notices of copyright infringement as our Copyright and DMCA Policy describes, and we close the accounts of repeat infringers.

We may change prices. A price increase applies to a paid plan from the first billing period that starts at least thirty (30) days after we tell the owner by email or in the app. If you do not agree, you can cancel before it applies.

We may update these Terms. We record each substantive change in our change history. When a change matters, we tell owners by email or in the app before it takes effect, and the notice says when. If you keep using the Service after that date, you accept the updated Terms.

• These Terms, with the policies they mention and any order form we sign with you, are the whole agreement about the Service. A signed order form wins where it conflicts.
• If part of these Terms cannot be enforced, the rest still applies. Not enforcing a part now does not waive it.
• You may not assign these Terms without our consent. We may assign them to an affiliate or in a merger, acquisition, or sale of assets.
• Neither side is responsible for delays caused by events beyond its reasonable control.
• There are no third-party beneficiaries.
• Notices to us go to [email protected]. Notices to you go to the email on your account or, for a workspace, to its owner.

Questions about these Terms: [email protected]. Help with your workspace: [email protected]. Our postal address: