Terms of Service

1. Definitions

• "Service" — the Punchual mobile application, web dashboard, and related services provided by Magnus Digital Sdn Bhd.
• "Account" — a registered company account on the Punchual platform.
• "Administrator" / "Admin" — a user who has registered a company account and has management access.
• "Staff Member" — an employee or team member added to an Account by an Administrator.
• "Subscription" — a paid plan granting access to premium features.
• "Content" — all data, files, and information submitted to the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use Punchual. By using the Service, you represent and warrant that you meet these requirements.

Punchual is a business-to-business (B2B) service. By registering, you confirm that you are acting on behalf of a legitimate business entity and that your use of the Service is for lawful employment management purposes.

3. Account Registration

• You must provide accurate, complete, and current registration information.
• One email address may only be associated with one company account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately at punchup@magnusdigital.my if you suspect unauthorised access to your account.
• We reserve the right to suspend or terminate accounts that provide false information.

4. The Service

Punchual provides an employee attendance tracking platform including:

• GPS-verified punch-in/out for staff via mobile app
• Selfie verification and geofencing (paid plans)
• Leave management and approval workflows
• Real-time web dashboard for administrators
• Attendance and leave reporting (PDF and Excel)
• Overtime detection and reporting
• Staff gamification, leaderboard, and rewards (paid plans)
• Team announcements

We reserve the right to modify, add, or remove features at any time. We will provide reasonable notice of material changes.

5. Subscription & Billing

5.1 Plans and Pricing

• Free Plan — up to 5 staff, no charge, limited features.
• Tier 1 — 6–20 staff, flat monthly or annual fee.
• Tier 2 — 21–50 staff, flat monthly or annual fee.
• Tier 3 — 51–100 staff, flat monthly or annual fee.
• Enterprise — 101+ staff, custom pricing, contact us.

Pricing is a flat rate per tier, displayed in your local currency at checkout. Plans upgrade automatically when your staff headcount crosses a tier threshold. Annual plans include one month free.

5.2 Payment

Payments are processed by Stripe. By subscribing, you authorise us to charge your payment method on a recurring monthly basis. All charges are non-refundable unless required by law or as expressly stated herein.

5.3 Service Tax (SST)

Malaysian customers are subject to Malaysia's Service Tax (SST) of 8% (Tax Registration: W10-2105-32000060). SST is included in the displayed price for Malaysian accounts.

5.4 Cancellation

You may cancel your subscription at any time from your billing settings. You will retain access to paid features until the end of your current billing period. No refunds are issued for the unused portion of a billing period.

6. Free Plan

The Free Plan is provided at no cost and is subject to these Terms. We reserve the right to modify or discontinue the Free Plan at any time with reasonable notice. The Free Plan is subject to fair use — abuse of the Free Plan (e.g. creating multiple accounts to circumvent limits) may result in account suspension.

7. Acceptable Use

You agree not to use Punchual to:

• Violate any applicable law or regulation
• Track individuals without their knowledge or consent
• Upload or transmit malware, viruses, or harmful code
• Attempt to gain unauthorised access to any part of the Service or other accounts
• Reverse engineer, decompile, or disassemble the Service
• Use the Service for surveillance beyond legitimate employment attendance management
• Falsify attendance records or manipulate the Service's data
• Resell or sublicence the Service without written permission
• Use automated scripts to access the Service in a manner that burdens our infrastructure

We reserve the right to immediately suspend or terminate accounts that violate this section.

8. Data & Privacy

Your use of Punchual is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 Your Data

You retain ownership of all data you and your staff submit to the Service ("Your Data"). By using the Service, you grant us a limited licence to process Your Data solely to provide the Service.

8.2 Administrator Responsibility

As a company administrator, you are the data controller for your staff's personal data. You are responsible for:

• Obtaining lawful consent from staff before using location tracking and selfie verification
• Informing staff that Punchual is being used to track attendance
• Complying with all applicable employment and data protection laws in your jurisdiction
• Handling any staff data subject requests relating to their employment records

8.3 Data Processing Agreement

Enterprise customers with EU/UK staff may request a Data Processing Agreement (DPA) by emailing punchup@magnusdigital.my.

9. Intellectual Property

The Punchual platform, including its software, design, branding, and all associated intellectual property, is owned by Magnus Digital Sdn Bhd. Nothing in these Terms transfers any IP rights to you.

You may not use Punchual's name, logo, or branding without prior written consent.

10. Confidentiality

Both parties agree to keep confidential any non-public information disclosed in connection with the Service. We will not disclose your company's data or business information to third parties except as described in our Privacy Policy or required by law.

11. Service Availability

We aim for high availability but do not guarantee uninterrupted access to the Service. The Service is provided "as is" and "as available". We may perform scheduled or emergency maintenance at any time.

We are not liable for any loss or damage resulting from Service downtime, data loss, or delays. We recommend that administrators regularly export attendance data for backup purposes.

12. Limitation of Liability

To the maximum extent permitted by law:

• Magnus Digital Sdn Bhd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• Our total liability to you for any claim arising from these Terms or the Service shall not exceed the total subscription fees you paid in the 3 months preceding the claim.
• These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability is limited to the maximum extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Magnus Digital Sdn Bhd and its officers, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your failure to comply with applicable data protection laws in relation to your staff's data; or (d) any third-party claim related to Your Data.

14. Termination

14.1 By You

You may terminate your account at any time by using the "Delete Company Account" option within the app or by emailing us. Upon termination, your data will be retained for 30 days then permanently deleted, except where retention is required by law.

14.2 By Us

We may suspend or terminate your account immediately and without notice if you: violate these Terms, engage in fraudulent activity, fail to pay subscription fees, or if required by law.

14.3 Effect of Termination

Upon termination, your access to the Service ceases. You may request an export of your data before termination. Sections 9, 10, 12, 13, and 15 survive termination.

15. Governing Law & Disputes

These Terms are governed by the laws of Malaysia. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct negotiation for at least 30 days.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email and/or in-app notification at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

17. Contact