Terms of Use

1. About these terms

These Terms of Use are an agreement between you and Novaxion Systems LTD (“Novaxion”, “we”, “us”). Novaxion is registered in Nigeria (RC number to be inserted). These terms cover your use of the DutyMark app and service.

By creating an account or using DutyMark, you agree to these terms and to the DutyMark Privacy Notice.

If you set up DutyMark for an organization, you accept these terms on its behalf, and you confirm that you are authorised to do so.

2. Your account

• You must be at least 18. You must give your real name, a working email address (we verify it with a code) and an accurate phone number.
• Keep your password secret. You are responsible for activity under your account.
• To protect your account, we lock it for 15 minutes after five wrong passwords.
• When you reset your password, you are signed out on your other phones.
• One account can belong to up to three organizations.

3. Organizations and roles

The organization is responsible for:

• having a lawful reason to record its staff’s attendance and location;
• telling its staff how those records are used;
• following labour and data protection law, including the Nigeria Data Protection Act 2023;
• keeping the list of invited people and their roles up to date.

4. Fair use and honest check-in

You agree not to:

• check in or out for someone else, or let anyone use your account or phone to do so;
• use fake-location apps, emulators, modified apps or any other trick to make a check-in look genuine when it is not (DutyMark detects many of these and flags or blocks them);
• try to reach organizations, records or accounts you are not permitted to see, or test the service’s security without our written permission;
• overload, disrupt, copy, resell or reverse-engineer the service, except where the law allows;
• upload anything unlawful or anything that infringes the rights of others.

Every check-in and check-out is confirmed with your fingerprint or face (not a phone PIN) and your location. Never let anyone else use your fingerprint on your phone.

A dead or lost phone is never treated as cheating. Your organization can record your attendance another way, or you can request a correction.

5. Trial, plans and payment

• Free trial: every new organization gets 14 days, for up to 10 staff, with every feature. No card is needed.
• Paid plans: paid plans are subscriptions sold through Google Play, billed monthly or yearly. Prices shown in the app come from Google Play. Google Play’s terms apply to payment, renewal, cancellation and refunds.
• Renewal: subscriptions renew automatically until you cancel them in Google Play.
• Changing plans: upgrades take effect immediately. Downgrades take effect at the next renewal. You cannot downgrade while the organization has more staff than the smaller plan allows.
• Staff limit: you cannot invite staff beyond your plan’s limit. People already in the organization can always check in.
• When a plan ends: the organization becomes read-only. Its history and reports stay viewable and exportable. New check-ins stop after 7 days’ grace. We never delete an organization’s data without notice.

6. Data and privacy

The organization owns the attendance records about its staff and decides how they are used. Novaxion processes them on its behalf, as the DutyMark Privacy Notice describes.

Location is read only when you check in or out, with the app open. Your fingerprint or face never leaves your phone.

You keep your rights in any content you add, such as an organization logo. You permit us to use that content only to run the service.

7. The service

We work to keep DutyMark available and accurate. It also works offline, and check-ins sync later. However, it depends on phones, GPS, networks and app stores that we do not control.

We may improve, change or retire features. If a change significantly reduces what a paid plan includes, we will give notice.

DutyMark records attendance. Decisions about pay, discipline or employment remain the organization’s responsibility, and the organization should review flagged records fairly before acting on them.

8. Ending or suspending use

• You can stop using DutyMark at any time. To delete your account, contact us.
• An organization can remove a staff member at any time. Their access ends immediately, and their past records stay in the organization’s reports.
• We may suspend or close accounts that break these terms, put others at risk, or where the law requires it. Where reasonable, we will tell you first and give you a chance to put things right.

9. Responsibility and limits

To the extent the law allows, DutyMark is provided “as is”, without a promise that it will be uninterrupted or error-free.

To the extent the law allows, Novaxion is not liable for indirect or consequential losses, such as lost profits or the results of decisions based on attendance records.

Our total liability for any claim is limited to the amount the organization paid for DutyMark in the 12 months before the claim.

Nothing in these terms limits liability that the law does not allow us to limit.

10. Governing law and disputes

These terms are governed by the laws of the Federal Republic of Nigeria.

If something goes wrong, please contact us first. Most problems can be solved quickly. Any dispute not resolved within 30 days may be taken to the courts of Nigeria.

11. Changes to these terms

We may update these terms from time to time. When we do, we will change the “Effective date” above. For significant changes, we will tell you in the app or by email before they take effect.

If you keep using DutyMark after a change takes effect, you accept the updated terms.

12. Contact us

• Support email: support@novaxion.ng
• Privacy email: privacy@novaxion.ng
• Registered office: [registered office address to be inserted]