Terms of Service

1. Acceptance of Terms

By creating a MakeSpire account or using the MakeSpire platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Description of Service

MakeSpire provides a cloud-based HR management platform including employee management, time tracking, payroll preparation, applicant tracking, performance management, and optional productivity monitoring tools. The specific features available to you depend on your subscription plan.

3. Account Registration

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorised access to your account. MakeSpire is not liable for any loss resulting from unauthorised use of your account credentials.

4. Subscription and Billing

4.1 Plans. MakeSpire offers a free Starter plan and paid plans billed monthly per active employee. Current pricing is published at https://makespire.com/pricing.

4.2 Billing. Paid subscriptions are billed monthly in advance. You authorise MakeSpire to charge your payment method on the billing date each month. Failure to pay may result in suspension of your account.

4.3 Cancellation. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

4.4 Changes to Pricing. We will give 30 days' notice before increasing prices for existing customers.

5. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) use the monitoring features without providing required disclosures to employees; (c) attempt to reverse engineer, decompile, or extract source code; (d) use the Service to store or transmit malicious code; (e) resell or sublicense the Service without written permission; (f) use automated means to access the Service in a manner that exceeds reasonable use.

6. Monitoring Features — Special Terms

If you use MakeSpire's productivity monitoring features, you agree that: (a) you will provide required disclosures to monitored employees under applicable law (including GDPR Article 13 where applicable); (b) you will obtain any required employee consent before enabling monitoring; (c) you will configure data retention periods in compliance with your applicable data retention policies; (d) you will not use monitoring data for any purpose other than legitimate workforce management.

MakeSpire does not accept liability for your failure to comply with employment law or data protection law in connection with use of monitoring features.

7. Data Ownership

You retain ownership of all data you input into the Service, including employee data. MakeSpire claims no ownership rights over your data. On cancellation, you may export your data within 90 days before it is deleted from our systems. MakeSpire processes your data only as instructed by you and as described in our Privacy Policy.

8. Intellectual Property

MakeSpire and its licensors own all intellectual property rights in the Service, including software, designs, trademarks, and documentation. These Terms do not grant you any rights to use MakeSpire's trademarks, logos, or other brand elements without written permission.

9. Confidentiality

Each party agrees to keep the other's confidential information confidential and not to disclose it to third parties, except as required by law or to the extent needed to perform obligations under these Terms.

10. Warranties and Disclaimers

MakeSpire provides the Service "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or completely secure. MakeSpire does not provide legal, tax, or payroll compliance advice. Payroll calculations produced by the Service are for your review — you are responsible for verifying compliance with applicable law.

11. Limitation of Liability

To the maximum extent permitted by law, MakeSpire's total liability for any claim arising under these Terms shall not exceed the amount you paid to MakeSpire in the 12 months preceding the claim. MakeSpire is not liable for indirect, consequential, incidental, special, or punitive damages.

12. Indemnification

You agree to indemnify and hold harmless MakeSpire from any claims, damages, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, your violation of applicable law, or your failure to obtain required employee consents for monitoring features.

13. Modifications to Terms

We may update these Terms from time to time. We will notify account administrators by email at least 30 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of the European Union and the jurisdiction where MakeSpire is incorporated, without regard to conflict of law principles. Disputes shall be resolved in the courts of that jurisdiction.

15. Contact

Legal enquiries: legal@makespire.com
General contact: Contact form