Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (either an individual or the entity you represent, “Customer”) and Merrill Digital Systems LLC(“we,” “us,” or “our”), governing your access to and use of the Punchlessplatform and all related services (“Service”).

By clicking “Create my account,” completing the registration process, or otherwise accessing the Service, you affirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, do not use the Service.

Punchless is a GPS-powered automatic timecard platform designed for field service businesses. The Service uses GPS geofencing technology to automatically generate timecard entries for field technicians based on their proximity to registered job sites and shop locations, eliminating the need for manual time entry.

The Service includes the following core capabilities:

• GPS-triggered automatic clock-in and clock-out for technicians
• Real-time crew location dashboard for managers and administrators
• Timecard review, approval, and override tools
• Payroll export (CSV, QuickBooks-compatible formats)
• Push notification dispatch and shift reminders
• Time-off request management workflow
• Job, customer, and technician management

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time. We will provide reasonable advance notice for material changes that negatively affect your use of the Service.

Punchless's core functionality depends on collecting GPS location data from technician devices. By using the Service:

• Administrators acknowledge that the Service collects GPS data from all active technicians in their account and agree to take full responsibility for obtaining any consent required by applicable employment, labor, or privacy law in their jurisdiction before enrolling technicians.
• Technicians consent to GPS location data collection as described in the Privacy Policy by installing and activating the Punchless mobile app.

We collect geofence-triggered location events rather than continuously polling GPS. Continuous background tracking is only active while the app is in the foreground. Location data is used exclusively for timecard generation, crew visibility, and audit purposes — never for advertising.

You, as the account administrator, bear sole responsibility for ensuring compliance with local laws governing employee monitoring and GPS tracking, including but not limited to California Labor Code, GDPR Article 9, and any applicable collective bargaining requirements. Merrill Digital Systems LLC provides the technical platform only and makes no legal representations about your compliance obligations.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Track individuals who have not consented to GPS tracking
• Harass, surveil, or discriminate against employees in violation of labor law
• Reverse engineer, decompile, or attempt to derive the source code of the Service
• Scrape, crawl, or data-mine the Service using automated means
• Introduce malicious code, viruses, or any software that disrupts the Service
• Circumvent, disable, or interfere with security features
• Resell or sublicense access to the Service without a Partner agreement
• Use the Service in any way that imposes an unreasonable load on our infrastructure

We reserve the right to investigate and take appropriate action against violations of this section, including suspending or terminating your account without refund.

Our collection, use, and retention of personal data — including GPS location data — is governed by our Privacy Policy. Key commitments:

• We do not sell, rent, or trade your data or your technicians' data
• GPS location data is retained for 12 months then permanently deleted
• Approved timecard records are retained for 7 years for compliance purposes
• We will notify you within 72 hours of discovering a security breach affecting your data

You are the data controller for all Customer Data; we act as a data processor on your behalf. You are responsible for your own compliance with privacy laws, including CCPA and GDPR, as they apply to your business and employees.

We target 99.5% monthly uptime for the Punchlessplatform, excluding scheduled maintenance windows (announced with at least 24 hours' notice) and events beyond our reasonable control.

We do not guarantee that the Service will be uninterrupted, error-free, or free from loss of GPS signal, geofencing inaccuracies, or device-specific limitations. GPS accuracy is subject to device hardware, operating system settings, and environmental factors outside our control.

Partner plan customers may negotiate separate SLA terms with dedicated support commitments. Contact hello@assumptionengine.com for details.

To the maximum extent permitted by law

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that:

• The Service will meet your specific business requirements
• GPS geofencing will be 100% accurate in all locations or conditions
• Automatically generated timecards will be free from errors or gaps
• The Service will be compatible with all payroll software or workflows
• Any defects will be corrected within a specific time frame

To the maximum extent permitted by applicable law, Merrill Digital Systems LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including lost profits, lost data, payroll errors, labor disputes, or regulatory fines — arising from your use of or inability to use the Service, even if advised of the possibility of such damages.

In no event shall our total aggregate liability to you for all claims arising from or related to the Service exceed the greater of (a) the total fees paid by you to Merrill Digital Systems LLC in the three months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow exclusions or limitations of liability for consequential or incidental damages, so the above may not apply to you in full.

You agree to indemnify, defend, and hold harmless Merrill Digital Systems LLCand its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service in violation of these Terms
• Your failure to obtain required employee consents for GPS tracking
• Your violation of applicable employment, labor, or privacy law
• Any claim by one of your employees or technicians related to GPS monitoring
• Any Customer Data you submit to or generate through the Service

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law provisions. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction in those courts.

Before initiating formal legal proceedings, you agree to contact us at hello@assumptionengine.com and attempt to resolve the dispute informally for at least 30 days.

We may revise these Terms from time to time. For material changes, we will provide at least 14 days' advance notice via email to the account administrator or via a prominent notice within the Service. If you continue using the Service after the effective date of revised Terms, you are deemed to have accepted the changes.

We encourage you to review these Terms periodically. The effective date at the top of this page indicates when these Terms were last updated.

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Merrill Digital Systems LLC regarding the Service and supersede all prior agreements.
• Severability: If any provision is held unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights to a successor entity in connection with a merger, acquisition, or sale of assets.
• Force majeure: Neither party is liable for failure or delay due to causes beyond their reasonable control, including acts of God, natural disasters, or infrastructure failures.
• No agency: These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Merrill Digital Systems LLC.

For questions about these Terms: