EverRhythm for Work — Terms of Service

These Terms of Service ("Terms") govern your organisation's access to and use of the EverRhythm for Work platform. By signing an order form, registering for an account, or accessing the services, you agree to be bound by these Terms.

1. Service Overview

EverRhythm for Work provides organisations with tools to support employee wellbeing, manage leave and HR processes, and gather anonymised, aggregated insights regarding workforce health trends. The service consists of the administrative portal for employers and the mobile/web application for employees.

2. Data Processing Agreement Summary

By using EverRhythm for Work, you agree to our Data Processing Agreement (DPA). EverRhythm acts as a Data Processor for organisational and HR data you provide. However, for personal health and wellbeing data logged directly by employees in their private accounts, EverRhythm acts as the Data Controller to ensure medical confidentiality.

3. Employer Responsibilities

As an employer utilizing EverRhythm for Work, you must adhere to strict ethical and legal standards:

• You must not compel or mandate employees to share private wellbeing data.
• Use of the platform must remain strictly voluntary for wellbeing tracking purposes.
• You must respect employee privacy boundaries and not attempt to de-anonymize aggregated reports.
• You are responsible for ensuring that your use of the platform complies with your local employment laws.

4. Employee Data Privacy

A core tenet of EverRhythm for Work is the absolute privacy of employee health data:

• Personal health data, mood logs, journals, and private medical records belong solely to the employee.
• Employers will only ever receive aggregated and anonymised data.
• If a team or department has fewer than 5 active participants, data will not be aggregated to prevent identification.

5. Service Level Agreements (SLA)

For customers on Professional and Enterprise plans, EverRhythm commits to a 99.9% uptime SLA. Scheduled maintenance will be communicated at least 48 hours in advance. In the event of an SLA breach, affected customers may be eligible for service credits as defined in their specific Order Form.

6. Acceptable Use Policy

You agree not to use EverRhythm for Work to:

• Upload malicious code or attempt to breach our security systems.
• Use the platform for any illegal, discriminatory, or retaliatory HR practices.
• Reverse engineer, decompile, or extract the source code of the platform.
• Resell or sublicense the platform without explicit written authorization.

7. Intellectual Property

EverRhythm retains all intellectual property rights to the platform, including its software, designs, algorithms, and aggregated benchmarking models. You retain all rights to the organisational data you input into the system.

8. Confidentiality

Both parties agree to hold each other's confidential information in strict confidence and use it solely for the purposes of executing this agreement. This includes pricing details, technical specifications, and proprietary business processes.

9. Limitation of Liability

To the maximum extent permitted by law, EverRhythm's liability arising out of or related to these Terms shall not exceed the total amount paid by your organisation to EverRhythm in the twelve (12) months preceding the event giving rise to the liability. EverRhythm is not liable for indirect, incidental, or consequential damages.

10. Termination & Data Export

Either party may terminate the agreement with 30 days written notice prior to the end of the current billing cycle. Upon termination, administrators have 30 days to export organisational HR data. Employee private wellbeing accounts remain active and unaffected by the termination of the employer's contract.

11. Governing Law

These Terms and any disputes arising out of them shall be governed by and construed in accordance with the laws of England and Wales. The courts of London, England, shall have exclusive jurisdiction over any legal proceedings.