Terms of Use for Lemorange Attendance.

1. Parties and acceptance

These terms form an agreement between Lemorange Ltd, a company registered in Cyprus and based in Nicosia, and the business or organisation acquiring or using Lemorange Attendance. That business or organisation is the “customer”.

The agreement is with the customer. Workers, administrators and contractors given access by the customer are “authorised users”. The customer must make them aware of the applicable use rules and is responsible for use through the accounts and terminals it controls.

By signing an order, creating an account or using Attendance for a customer, the person acting confirms that they have authority to bind that customer. Attendance is intended for business use and is not offered as a consumer service for personal or household use.

2. Contract documents and priority

The agreement may include a quotation or order, service agreement, statement of work, technical schedule, service-level agreement (SLA), data-processing agreement and these terms.

If documents conflict, the more specific signed document takes priority for the subject it addresses. The data-processing agreement governs processing of personal data, the SLA governs service levels, the statement of work governs implementation and the quotation or order governs fees, quantities and term. These terms apply to matters not addressed differently.

A demonstration, test environment, email, oral discussion, product page or reference to a future feature does not create an additional commitment unless it is expressly included in a document approved by an authorised representative of Lemorange Ltd.

3. Scope, subscription and usage limits

The quotation or order identifies the functions, number of workers or users, sites, terminals, integrations, installation services, support package and term. A function or service not identified is not included.

The customer may use Attendance only for its internal business operations and for entities named in the order. Another affiliate, customer of the customer or third-party organisation requires separate approval or licensing.

Lemorange Ltd may review usage information such as active user, worker, site or terminal counts only as needed for security, operation and verification of the agreed licence. If use consistently exceeds contracted limits, the parties will adjust the order and applicable fees.

Renewal, a minimum term or automatic extension applies only when stated in the order or service agreement. A public webpage does not by itself create a renewal obligation.

4. Accounts and permissions

• The customer must provide accurate organisation information and keep it current.
• Each user must use their own account. Passwords, administrator PINs, sessions and API credentials must not be shared.
• The customer appoints administrators and controls permissions for sites, departments and workforce data. Lemorange Ltd does not decide who should receive operational access.
• The customer must promptly disable access for anyone who leaves or no longer needs it and notify Lemorange Ltd without delay of suspected credential loss or misuse.
• Activity recorded under valid credentials is treated as activity of the relevant account unless a technical error or unauthorised access is established. Audit records are evidence for investigation, not conclusive proof.

5. Licence to use Attendance

Subject to compliance with the agreement and payment of applicable fees, Lemorange Ltd grants the customer a limited, non-exclusive, non-transferable licence, without a right to sublicense, to use the contracted Attendance functions during the agreed term.

The licence transfers no ownership in software, source code, terminal firmware, databases, structure, templates, documentation or other Lemorange Ltd technology. A private deployment licence does not include source-code access unless a signed agreement expressly states otherwise.

6. Prohibited use

The customer and authorised users must not:

• Use Attendance unlawfully or in breach of employment, privacy, intellectual-property or other third-party rights.
• Access or attempt to access another customer’s data or bypass authentication, permissions, usage limits or security controls.
• Introduce malicious code, disrupt operation, conduct an attack test or probe for vulnerabilities without prior written authorisation.
• Copy, resell, rent, sublicense, scrape, reverse engineer, decompile or create a derivative or competing service, except to the limited extent applicable law does not permit that restriction.
• Connect an unapproved terminal, application, automation or integration, or submit false, misleading, unlawful or harmful data.
• Use Attendance or access control as an emergency, life-safety or other high-risk system for which it has not been designed and certified.

7. Implementation and customer dependencies

The customer must appoint a responsible contact, provide timely and accurate information, approve configurations, provide safe access to agreed work areas and coordinate its personnel and suppliers.

Lemorange Ltd relies on customer information about workers, departments, shifts, rules, payroll, networks, doors and existing systems. Delay, inaccuracy or change may move the implementation schedule. Additional work or a change in scope requires written agreement on timing and fees.

A delivery or start date is an estimate unless a signed document expressly makes it binding. Lemorange Ltd is not responsible for delay caused by the customer, a third-party supplier, incomplete infrastructure or an event outside its reasonable control.

Before production use, the customer must test key settings, calculation rules, permissions, import or export samples and agreed workflows. Production use does not remove the customer’s ongoing duty to check results.

8. Customer data

The customer retains its rights in data it submits to Attendance. It gives Lemorange Ltd the limited permission required to host, copy, transmit, process and display that data to provide, secure, maintain and support the contracted service.

The customer confirms that it has the rights, authority and legal basis needed to provide the data and instructions. It is responsible for the accuracy, quality, legality and source of its data.

The customer must not submit data that is unnecessary for the agreed purpose, unlawful content, malicious code or data it has no right to process. Lemorange Ltd may isolate or remove content where reasonably necessary for security, legal compliance or protection of the service.

9. Personal data

For workforce data managed by a customer in Attendance, the customer determines the purposes and essential means and normally acts as controller. To the extent Lemorange Ltd processes that data on the customer’s behalf, it acts as processor under documented instructions.

The data-processing agreement defines the subject, duration, security measures, subprocessors, international transfers, assistance with individual rights and incident handling. The public privacy notice separately explains when Lemorange Ltd acts as controller for its own contact, billing and security information.

Lemorange Ltd may refuse or suspend an instruction it reasonably believes is unlawful, insecure or outside the contracted scope until clarified. If law requires processing without an instruction, Lemorange Ltd will inform the customer before processing unless law prohibits that notice.

10. Attendance, monitoring and biometrics

The customer selects attendance methods, location or network checks, retention, access permissions and use of attendance records. The customer is responsible for deciding whether each use is lawful, necessary and proportionate and for giving workers the required information.

Before using face recognition, fingerprints, precise location, cameras or another intrusive method, the customer must document a specific lawful purpose, consider less intrusive methods, establish the legal basis and complete any required data-protection impact assessment, consultation or approval under applicable employment and privacy law.

Worker consent is not automatically a suitable legal basis because of the imbalance in an employment relationship. Availability of a function in Attendance is not a representation by Lemorange Ltd that it is lawful or suitable for every organisation, workplace or purpose.

Compliance guides and answers from Lemorange Ltd are general information and are not legal, tax, accounting or employment advice.

11. Calculations, recommendations and decisions

Attendance calculates hours and exceptions from schedules, rules, attendance records, leave, manual changes and approvals in the system. It may flag missing or unusual records, suggest available workers and prepare files for HR or payroll.

The customer must review and approve outputs before using them for pay, overtime, leave, discipline, regulatory reporting, access decisions or another decision affecting a person. An alert or recommendation is not an instruction and does not replace an authorised manager’s judgement.

Lemorange Ltd does not act as employer, payroll bureau, accountant, legal adviser or workforce decision-maker. It is not responsible for a rule, rate, payroll code or decision entered, approved or left unchecked by the customer.

12. Terminal purchase, delivery and warranty

The quotation or order identifies the model, quantity, authentication methods, accessories, price, delivery point and warranty. Public images, colours and dimensions are illustrative. The order’s technical specifications take priority.

Unless the order states otherwise, risk of loss or damage passes on delivery and ownership passes only after full payment. Until then, the customer must keep the equipment identifiable, secure and free from disposal or encumbrance.

The customer must check quantity and visible condition on receipt and report a problem without undue delay. A repair, replacement or manufacturer warranty applies only as described in the relevant order or warranty document.

Unless expressly covered, warranty excludes normal wear, batteries or consumables, drops, moisture, unsuitable temperature, power surge or failure, incorrect wiring, unauthorised intervention, misuse, incompatible equipment and network failure. Lemorange Ltd may request diagnostic information or return of a terminal before approving a remedy.

13. Terminal sales

Terminals are sold to businesses and organisations, not to consumers. Prices are quoted per order and exclude VAT, which is added on the invoice.

In Cyprus, delivery and installation are included. Outside Cyprus, delivery is quoted per order and the terminal arrives pre-configured for the customer to install.

Every terminal carries a 24-month warranty. If it does not work as it should, Lemorange Ltd replaces it. Apart from that warranty, sales are final: a terminal is not returned for a refund or an exchange. Section 12 sets out the exclusions.

A terminal can also be rented monthly. After 24 months of rental it becomes the customer’s property. The monthly rate is quoted on request.

Attendance software is priced separately from the terminal, by the functions used and the number of people.

14. Installation and access control

The customer must provide lawful and safe site access, required permissions, suitable power, network, PoE where specified, cabling, internet connectivity and cooperation from its electrician, door contractor or other supplier. Work outside the quotation is charged only after approval.

A change to location, door, network, cabling or scope after a survey may require further inspection, equipment, time and fees. The customer is responsible for the accuracy of plans, network details and technical information it provides.

Access control is not a fire-alarm, emergency-exit, life-safety or guarding service unless a signed technical schedule expressly identifies a certified function. The customer must retain independent evacuation, manual-exit, safety and continuity measures and comply with requirements applying to its premises.

Lemorange Ltd is not responsible for a mechanical lock, door, cable, electrical installation or third-party work it did not supply or undertake. Testing an interface is not certification of the complete building system.

15. Mobile devices, networks and offline operation

Mobile functions depend on a compatible device and operating-system version, camera or location permission where needed, correct device time, data connectivity and third-party services such as app stores and push notifications. Lemorange Ltd does not control mobile networks, GPS, Wi-Fi or third-party availability.

The customer is responsible for corporate and personal-device policies, device security, removal of access and device or data charges. Supported devices may still differ in location accuracy and operating behaviour.

An offline attendance record may be stored temporarily and synchronised later. Device time, synchronisation delay, disabled permissions or device modification may affect reliability. Attendance may mark the record for review, but the customer decides whether to accept it.

Notifications, email and mobile messages are supplementary. The customer must not rely on them as the only means of delivering an emergency or safety-critical instruction.

16. Integrations, imports and exports

Attendance may connect to HR, payroll, terminals, payment providers, messaging services and other systems. The customer authorises each connection, confirms its right to exchange the data and provides correct credentials and technical details.

Before production use, the customer must check import and export samples, employee mappings, payroll codes, date formats, rounding and totals. Lemorange Ltd is not responsible for an error originating in source data, a mapping approved by the customer or processing performed by the receiving HR or payroll system.

A third-party provider may change, restrict or discontinue its API, service or terms. Lemorange Ltd is not responsible for the third-party service or a change outside its control. Adaptation work or a new integration is provided only when contracted or approved as additional work.

A link from attendance.cy to another website is provided for convenience. It does not create a partnership, endorsement or responsibility unless expressly stated.

17. Support, maintenance and updates

Support hours, channels, response targets and included services are defined in the order or SLA. A response time is the time to initial acknowledgement, not a guaranteed time to full resolution unless expressly stated.

The customer must provide a sufficient description, examples, logs and secure access where needed for diagnosis. It must protect data and avoid sending unnecessary personal data in a support request.

Lemorange Ltd may correct defects, apply security updates and change technical components to keep the service secure and supportable. It is not required to maintain an old version or insecure interface unless a written agreement provides otherwise.

For a private deployment, the customer is responsible for servers, operating systems, databases, network, backups and timely installation of updates except for responsibilities expressly accepted by Lemorange Ltd. Delay in applying a supported update may limit support or compatibility.

18. Fees, taxes and payment

The quotation or order defines fees, currency, quantities, billing and payment dates and charges for hardware, installation, integrations or additional work. Unless stated otherwise, prices exclude VAT, tax, duty, bank costs and third-party charges.

The customer must pay undisputed invoices by the due date without set-off or withholding unless law requires otherwise. If it disputes an amount, it must give timely details and pay the undisputed balance.

For an overdue commercial debt, Lemorange Ltd may claim statutory late-payment interest and reasonable or statutory recovery costs. It may also suspend paid functions after the notice or cure period required by the agreement or law. Suspension or termination does not cancel amounts already due.

Prepaid fees are non-refundable and hardware orders cannot be cancelled after procurement or custom configuration unless the agreement or mandatory law provides otherwise.

19. Intellectual property

Attendance, its source code, architecture, databases and schemas, interfaces, templates, algorithms, designs, documentation, trademarks and all pre-existing or generally applicable technology belong to Lemorange Ltd or its licensors.

A customer-specific configuration, report, integration or development does not transfer intellectual property unless the relevant statement of work expressly defines the deliverable and ownership. Lemorange Ltd may reuse general knowledge, skills, ideas and non-confidential technical elements that contain no customer data or confidential information.

Lemorange Ltd may use feedback and suggestions to improve its products without payment, but does not acquire rights in customer data, trademarks or confidential information.

Open-source components and third-party software are governed by their own licences. Those licences do not grant rights in proprietary Lemorange Ltd code.

20. Confidentiality

Each party must protect non-public business, financial, technical and security information received from the other with at least the care it uses for similar information of its own and no less than reasonable care.

Information may be used only for the agreement and disclosed only to personnel, professional advisers and subcontractors who need to know and are under a corresponding duty. The duty does not cover information already lawfully known, independently developed, lawfully received from another source or made public without breach.

If law or a competent authority requires disclosure, a party may disclose only what is required and, where permitted, will notify the other party in advance. Either party may seek urgent injunctive relief where damages would not adequately protect confidential information.

21. Security and support access

Lemorange Ltd applies reasonable technical and organisational measures to protect Attendance. No online system, network, terminal or software can guarantee absolute security or protection from every threat.

The customer must protect administrator accounts, terminals, devices, networks, API keys and exported copies. It must not disable security controls or unreasonably delay a critical supported update.

Authorised Lemorange Ltd personnel may receive limited access to a customer workspace where reasonably required for support, maintenance, security investigation or legal compliance. Access is treated as confidential and logged where the service supports it.

A personal-data incident is handled under the data-processing agreement. Another security incident is reported under the applicable service agreement and on the basis of information available during the investigation.

22. Availability and continuity

Planned maintenance, urgent security work, utility or internet failure, the customer’s network, a third-party service and events outside reasonable control may affect operation. An uptime, response, recovery or service-credit commitment applies only when included in a signed SLA.

The customer must maintain a procedure for service interruption, particularly for attendance, access control, shift communication and emergency exit. Lemorange Ltd is not responsible for the customer’s failure to maintain a reasonable manual or alternative process.

Lemorange Ltd may change a technical component or withdraw a function when required by security, law, third-party rights or discontinuation of a third-party dependency. Where this materially affects a contracted core function, reasonable notice will be given where practicable and the parties will consider an available alternative.

23. Data export and deletion

During an active subscription, the customer may use available export functions. A special format, transfer or service not included in the agreement may require a separate quotation.

Before expiry or termination, the customer must export the data it needs. Access may end on termination. Any additional export period, transition assistance, cost and delivery format is governed by the service agreement or data-processing agreement.

Lemorange Ltd returns or deletes data under the data-processing agreement, agreed periods and law. Backup copies may remain until the normal replacement cycle, with restricted access. Data may be retained where required by law, court order or to establish, exercise or defend a legal claim.

24. Suspension and termination

Lemorange Ltd may restrict or suspend access where reasonably necessary to address an immediate security risk, unlawful use, material breach, danger to another customer or the service, a competent-authority order or overdue payment.

Where practicable, Lemorange Ltd will give notice, limit suspension to what is necessary and give a reasonable opportunity to cure. Advance notice is not required where it would increase risk, is prohibited by law or immediate action is needed.

Termination rights, notice periods and early-termination charges are governed by the order or service agreement. On termination, the licence ends and accrued amounts become payable.

Terms concerning payment, intellectual property, confidentiality, data, indemnity, limitation of liability and governing law survive to the extent their nature requires.

25. Warranties and trial functions

Lemorange Ltd provides the contracted service with reasonable care and skill and honours express warranties in the signed agreement. If the customer reports a sufficiently documented issue, Lemorange Ltd will use reasonable efforts to correct it or reperform the affected service.

To the maximum extent permitted by law, no other implied warranty of merchantability, fitness for a particular purpose, non-infringement or uninterrupted or error-free operation applies. Lemorange Ltd does not warrant data, settings or information supplied by the customer or a third party.

A test environment, demonstration, beta, preview or free function is supplied for evaluation, may be limited or unsupported and may change or be withdrawn without a production-availability commitment. It must not be used for critical operation or as the only record.

Use of Attendance does not itself guarantee compliance with employment, tax, payroll, accounting, insurance, building-safety or privacy requirements.

26. Limitation of liability

To the maximum extent permitted by law, Lemorange Ltd is not liable in contract, tort including negligence, breach of statutory duty or otherwise for indirect, special, incidental or consequential loss, or loss of profit, revenue, production, contract, opportunity, goodwill or anticipated savings.

Lemorange Ltd is not liable to the extent loss is caused by inaccurate or incomplete customer data, rules or approvals, an unauthorised customer account, an unlawful instruction, an unsupported change, customer infrastructure or devices, third-party work, third-party service failure, failure to check an export or calculation, or failure to maintain a reasonable continuity process.

Unless a signed agreement states a different amount, Lemorange Ltd’s total aggregate liability for all claims arising from the same event or connected series of events in any twelve-month period is limited to the fees paid or payable for the service concerned during the twelve months before the first event. For free, trial or beta use, the total cap is EUR 100.

A service credit, refund or amount paid for the same loss counts toward the aggregate cap. The customer must take reasonable steps to mitigate loss and may not recover twice for the same damage.

Nothing excludes or limits liability that cannot lawfully be excluded or limited, including, where applicable, fraud, fraudulent misrepresentation, or death or personal injury caused by negligence. These terms do not limit a mandatory duty under data-protection law.

27. Third-party claims arising from customer use

The customer will defend and indemnify Lemorange Ltd against a third-party claim, fine, damage and reasonable cost arising from unlawful use of Attendance, unlawful monitoring or biometric processing, customer data that infringes another person’s rights, an unauthorised instruction or integration, or a material breach of these terms.

The obligation does not apply to the extent the claim was caused by Lemorange Ltd’s breach, negligence or unlawful act. Lemorange Ltd will notify the customer without undue delay, provide reasonable cooperation at the customer’s cost and allow the customer to control the defence, provided no admission or settlement imposes liability or an obligation on Lemorange Ltd without its prior written consent.

28. Events outside reasonable control

Neither party is liable for delay or failure caused by an event outside its reasonable control, including natural disaster, war, civil disturbance, government action, epidemic, labour dispute, widespread utility or telecommunications failure, cyberattack or failure of critical third-party infrastructure.

The affected party will give notice where practicable and use reasonable efforts to reduce the effect. Payment for services or equipment already supplied is not suspended. If the event continues for an extended period, termination rights are governed by the applicable service agreement.

29. Governing law and dispute resolution

These terms and any non-contractual obligation connected with them are governed by the laws of the Republic of Cyprus.

Before starting court proceedings, a party will give a written description of the dispute and authorised representatives will try in good faith for at least 30 days to resolve it. This does not prevent an urgent interim application or action required to preserve a limitation period.

If unresolved, the courts of Nicosia, Cyprus have exclusive jurisdiction, subject to a mandatory right or jurisdiction that cannot lawfully be excluded. Lemorange Ltd may seek urgent interim relief in any competent court to protect security, confidential information or intellectual property.

30. Notices and communications

The customer must keep its administrative, technical and billing contacts current. Lemorange Ltd may send operational, security and contractual notices to the relevant contact or within the customer workspace.

A notice of material breach, termination or legal claim must be sent in a way that provides evidence of dispatch and to any specific notice address in the service agreement. A message is not treated as received where the sender knows delivery failed.

31. General terms

The contract documents form the entire agreement and replace earlier discussions or proposals about the same subject. Each party confirms it has not relied on a statement outside the agreed documents. This does not limit liability for fraud or fraudulent misrepresentation.

If a provision is invalid or unenforceable, it will be adjusted only as far as necessary and the remaining provisions continue. Failure to exercise a right is not a waiver. An amendment or waiver is effective only in writing by an authorised representative.

The customer may not assign the agreement without prior written consent from Lemorange Ltd. Lemorange Ltd may assign it to an affiliate or as part of a reorganisation, merger, acquisition or transfer of the relevant business, subject to law and the data-processing agreement.

Lemorange Ltd may use subcontractors to provide part of the service and remains responsible for obligations it has accepted. Subprocessors of personal data are governed by the data-processing agreement.

The parties are independent contractors. The agreement creates no partnership, joint venture, employment, agency or enforceable third-party right. Lemorange Ltd will not use the customer’s name or logo in a public announcement without permission.

Lemorange Ltd may update these public terms for changes in law, security or the service. The new date will appear on this page and material changes will be notified where required. An update does not retrospectively amend a signed agreement.

32. Contact

For questions about these terms, contact Lemorange Ltd at support@lemorange.com or on 80012900. Lemorange Ltd is based in Nicosia, Cyprus.