Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Zimyo platform, including our website at zimyo.us, web applications, APIs, and related services (collectively, the "Service"). The Service is provided by Zimyo Inc., a Delaware corporation ("Zimyo," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use the Service.

1. Eligibility

The Service is designed for United States-based small and medium businesses with 10 to 200 employees. You must be at least 18 years old and legally authorized to enter into a binding agreement. By registering for an account, you confirm that the information you provide is accurate and complete.

2. Account Registration and Security

To access the Service, you must create an account with a valid work email address. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at security@zimyo.us if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms, exhibit suspicious activity, or remain inactive for more than 12 consecutive months.

3. Service Description

Zimyo provides an AI-native HR and Payroll platform that includes modules for Core HR, Payroll, Time & Attendance, Employee Engagement, Performance Management, and Finance & Administration. The platform uses AI agents to assist with operational tasks such as payroll processing, onboarding workflows, compliance monitoring, and performance reviews.

AI-assisted features are designed to support human decision-making. All actions with financial, legal, or employment consequences require human approval before execution. Zimyo does not make autonomous employment decisions on your behalf.

4. Subscription Plans and Billing

The Service is offered through paid subscription plans as described on our Pricing page. All prices are quoted in United States Dollars (USD). Subscriptions are billed either monthly or annually, depending on your selection.

• Monthly subscriptions are billed at the beginning of each billing cycle.
• Annual subscriptions are billed upfront for the full year and include a discount as stated at the time of purchase.
• Each plan has a minimum monthly charge based on a minimum employee count.
• Overages beyond your plan's employee count are billed at the per-employee rate for your tier.

We reserve the right to modify pricing with 30 days' written notice. Price changes will take effect at the start of your next billing cycle. Existing annual subscriptions are honored through their term.

5. Subscription & Billing

All plans require payment at sign-up. Your subscription begins immediately upon payment. Annual plans include a 30-day money-back guarantee — if you cancel within 30 days of your annual subscription start date, you will receive a full refund. Monthly plans can be cancelled at any time and will remain active until the end of the current billing period.

6. Refund Policy

Annual subscriptions include a 30-day money-back guarantee from the date of purchase. Refund requests must be submitted in writing to billing@zimyo.us. Monthly subscriptions are non-refundable. Partial-month usage is not prorated upon cancellation.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable federal, state, or local law.
• Upload, transmit, or store content that infringes on the intellectual property rights of any third party.
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or connected systems.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Use automated tools (bots, scrapers, crawlers) to access the Service without our written permission.
• Transmit malware, viruses, or any code designed to disrupt the Service.
• Resell, sublicense, or redistribute the Service without prior written authorization.

8. Data Ownership and Portability

You retain full ownership of all data you upload to or create within the Service ("Your Data"). We do not claim any intellectual property rights over Your Data. Upon request, we will provide an export of Your Data in a standard machine-readable format (CSV or JSON) within 30 days.

Upon termination of your account, Your Data will be retained for 30 days to allow for export. After this period, Your Data will be permanently deleted from our systems, including backups, within 90 days.

9. AI Features and Limitations

The Service incorporates AI agents that assist with HR operations. While we strive for accuracy, AI-generated outputs (including payroll calculations, compliance suggestions, and performance review drafts) are provided as recommendations and should be reviewed by qualified personnel before action is taken.

Zimyo is not a law firm, accounting firm, or licensed tax advisor. AI-generated compliance and payroll guidance does not constitute legal, tax, or financial advice. You are responsible for ensuring compliance with all applicable employment laws in your jurisdiction.

10. Service Level and Availability

We target 99.9% uptime for the Service, measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance is performed during off-peak hours (Saturday 2:00 AM - 6:00 AM ET) and communicated at least 48 hours in advance via email.

If the Service experiences downtime exceeding our 99.9% target in any calendar month, affected customers on annual plans may request a service credit. Credits are applied to future billing and do not exceed 30% of the monthly equivalent charge.

11. Intellectual Property

The Service, including its design, code, AI models, documentation, logos, and trademarks, is the exclusive property of Zimyo Inc. and is protected by United States copyright, trademark, and patent laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes.

12. Third-Party Integrations

The Service may integrate with third-party applications and services. Your use of any third-party integration is subject to that provider's terms of service and privacy policy. Zimyo is not responsible for the availability, accuracy, or security practices of third-party services.

13. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary information disclosed during the use of the Service. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Zimyo's total aggregate liability under these Terms shall not exceed the amount you paid for the Service in the 12 months preceding the claim. In no event shall Zimyo be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, or business opportunity, even if advised of the possibility of such damages.

15. Indemnification

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

16. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. Zimyo disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

17. Termination

Either party may terminate these Terms at any time. You may cancel your subscription through your account settings or by contacting support@zimyo.us. We may terminate or suspend your access immediately if you breach these Terms.

Upon termination, your right to use the Service ceases immediately. Sections regarding data ownership, limitation of liability, indemnification, and dispute resolution survive termination.

18. Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation for a period of 30 days.

If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Wilmington, Delaware. Each party bears its own costs, and the arbitrator's decision is final and enforceable in any court of competent jurisdiction.

You agree to resolve disputes on an individual basis. Class actions, class arbitrations, and representative actions are waived to the fullest extent permitted by law.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email to the address on your account at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you disagree with the changes, you may cancel your subscription before the effective date.

20. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zimyo.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Zimyo is not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, government actions, or internet disruptions.

21. Contact Information

For questions about these Terms, contact us at:

Zimyo Inc.
551 Lyle Drive SE, Marietta, GA 30067, USA
Email: legal@zimyo.us
Website: zimyo.us