Terms of Service
Last Updated: May 6, 2026
1. Acceptance
These Terms of Service (“Terms”) govern your use of Employee HQ, a service operated by Nimiti LLC, including our website, manager portal, mobile application, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you accept these Terms on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity.
2. Who May Use the Service
Employee HQ is intended for workplace and business use. Access to employee-facing features is provisioned by an organization that uses Employee HQ. You may use the Service only if:
- your use is authorized by your organization or employer;
- the information you provide is accurate and current;
- you comply with these Terms and applicable law.
You must be at least 18 years old to use the Service.
3. Accounts, Roles, and Security
3.1 Account setup
Employee HQ uses one account per person across the Service. Organization managers may create accounts through the website and manager portal. Employee accounts are created and managed by authorized administrators within the organization. Employees do not self-register for app access unless Employee HQ explicitly enables that flow.
Where Employee HQ offers affiliate participation, a user may opt into that program by using an existing Employee HQ login or by creating an account through the website. Affiliate profile records and referral codes are not created automatically at account creation. They are created only when a user explicitly chooses to start affiliate participation.
3.2 Roles and permissions
Employee HQ uses role-based access controls. Depending on your authorized relationship with Employee HQ and the organizations using it, the same account may hold employee, manager, administrator, and affiliate access states. Manager portal access and affiliate portal access remain separate route families even when they use the same login. Administrators cannot remove their own administrator access unless another authorized administrator performs that action.
3.3 Credential security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify your organization or Employee HQ support promptly if you suspect unauthorized access, credential compromise, or other security issues.
4. Service Features
Employee HQ is a modular platform. Features available to a given organization or location may differ. Available features may include:
- announcements;
- overtime and voluntary time off scheduling;
- emergency time balances;
- performance scores and related documents;
- kudos, kudos points, and kudos shop redemptions;
- calendars and events;
- document libraries and folders;
- leadership directory information;
- affiliate enrollment, referral tracking, commission reporting, and payout setup;
- time-off requests and approvals.
Feature availability may change over time. Employee HQ may add, remove, suspend, or modify features without guaranteeing continued availability of any specific module.
5. Acceptable Use
You agree not to:
- use the Service for unlawful, fraudulent, misleading, abusive, or unauthorized purposes;
- access or attempt to access data belonging to another organization, location, or user without authorization;
- interfere with, disrupt, probe, or circumvent the security, integrity, or availability of the Service;
- upload, transmit, or distribute malware, malicious code, or harmful content;
- use the Service to harass, threaten, discriminate against, or otherwise harm another person;
- send unauthorized bulk communications or misuse communication features available in the Service;
- copy, reverse engineer, scrape, or create competing services from the Service except as allowed by law.
We may investigate suspected misuse and may suspend or restrict access as needed to protect the Service, users, or third parties.
6. Organization Content and Instructions
Organizations and their administrators control much of the data and content made available through Employee HQ, including employee records, schedules, announcements, uploaded documents, score information, and directory entries. The organization is responsible for:
- obtaining any permissions, notices, and consents required for the information it provides;
- ensuring its administrators use the Service appropriately;
- reviewing the accuracy of organization-managed data and content;
- deciding who should have access to particular modules and records.
Employee HQ is not responsible for employment decisions, scheduling decisions, disciplinary decisions, payroll calculations, or other workplace actions made by an organization through or alongside the Service.
7. Service Communications
Employee HQ may send service-related emails, in-app notices, or other operational communications tied to account security, onboarding, billing, support, or organization-managed workflows.
Your organization is responsible for the content, timing, and audience of communications it sends through available Service tools. Delivery timing and availability can vary and are not guaranteed.
8. Billing and Payment
Billing applies to organization accounts using paid website and manager portal services. Subscription fees, pricing structure, billing timing, and any usage-based charges presented during signup, onboarding, invoicing, or within the manager portal are part of your agreement with Employee HQ.
Organization accounts are responsible for maintaining accurate billing details and a valid payment method where required. If payment is not received on time, Employee HQ may suspend access to paid features, limit service availability, or require the balance to be resolved before continued use.
Unless otherwise stated in a separate written agreement or required by law, fees are non-refundable once billed or paid. You are also responsible for applicable taxes, duties, and similar government charges associated with your subscription or use of paid features.
9. Affiliate Program
Where Employee HQ offers an affiliate program, participation is optional and begins only after the user explicitly opts in and an affiliate profile is created for that account. Availability of the opt-in flow does not mean every account is automatically enrolled as an active affiliate.
Affiliate participation may require completion of setup steps such as email verification, tax profile submission, payout profile submission, and related review or approval workflows. In the current implementation, affiliate payout eligibility and payout issuance remain manual, Employee HQ-reviewed actions rather than automatic processing. A user may have affiliate access on the same account used for employee or manager access, but that does not merge the manager portal and affiliate portal into one shared permission surface.
Referral attribution is locked at organization signup, subject to correction, cancellation, expiration, fraud or abuse checks, and other program review rules. Commissions are calculated from collected revenue during the first 6 billed periods after a referred organization's first invoice, and a referral expires if no first invoice is generated within 12 months of signup attribution. Affiliate payouts are not automatic and may be created, delayed, adjusted, withheld, or cancelled where setup status, refund or chargeback handling, suspected abuse, legal obligations, or review outcomes require it.
10. Suspension, Deactivation, and Termination
We may suspend, limit, or terminate access to the Service if:
- you violate these Terms or applicable law;
- your organization requests deactivation;
- we reasonably believe access creates a security, abuse, or legal risk;
- the applicable organization account is suspended or closed.
When an employee account is deactivated, access may be removed immediately. Deactivated employee accounts are generally retained for up to 30 days before permanent deletion, unless a longer retention period is required by law, contract, or legitimate business need.
11. Intellectual Property
Employee HQ and its software, design, branding, documentation, and related materials are owned by or licensed to Employee HQ and are protected by applicable intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended business purpose.
If you provide feedback, suggestions, or ideas about the Service, we may use them without restriction or obligation to you.
12. Third-Party Services
The Service relies on third-party providers, including infrastructure, authentication, storage, analytics, email delivery, payment, support, and other operational vendors. Employee HQ is not responsible for outages or failures caused by third-party providers, app stores, internet service providers, or devices outside our reasonable control.
13. No Emergency or Professional Advice Service
Employee HQ is not an emergency service. Do not rely on the Service, including alerts or notifications, for emergency communications or time-critical medical, legal, or safety matters. The Service does not provide legal, tax, HR, accounting, or employment advice.
14. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPLOYEE HQ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, secure, or available at all times, or that any data will never be lost, delayed, or corrupted.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPLOYEE HQ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPLOYEE HQ'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY THE APPLICABLE ORGANIZATION TO EMPLOYEE HQ FOR THE SERVICE IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the “Last Updated” date and may provide additional notice where appropriate. Continued use of the Service after revised Terms take effect means you accept the revised Terms.
17. Governing Law
These Terms are governed by the laws of the applicable jurisdiction in which Employee HQ operates, without regard to conflict of law principles, except where mandatory law requires otherwise.
18. Contact
For platform questions, use the contact form at /contact-us. For account or workplace-specific issues, contact your organization's administrator first.