Welcome to WageTime.com (the “Site”). The Site is operated by Mindsparkle LLC, located at 801 Brickell Ave, FL 8, Miami, FL 33131 (“Mindsparkle,” “we,” “us,” or “our”). By accessing or using the Site, you (the user of the Site) agree to be bound by these Terms of Use (these “Terms”). If you are using the Site on behalf of a company or other business entity, you represent that you have the authority to bind that entity to these Terms, and you agree to these Terms on its behalf. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OR ACCESS THE SITE. Please read these Terms carefully before using the Site. These Terms contain important provisions, including an arbitration clause and a class action waiver, which affect your legal rights.
The Site and services are intended solely for use by businesses in the United States and their authorized representatives. WageTime.com provides HR and payroll processing-related software and services for companies, not for personal, household, or consumer use. By using this Site or our services, you represent and warrant that you are using the Site for business purposes on behalf of a company or organization, and not as an individual consumer. This Site is not intended for use by individuals for personal payroll or any non-business purpose. If you are not using the Site for business purposes (for example, if you are seeking payroll services as an individual consumer), you should not use this Site. Additionally, if you are an employee accessing the WageTime employee portal, please note that a separate set of terms will apply to that employee portal, and these Terms of Use do not govern the employee portal usage.
The Site is targeted at businesses operating in the USA. We make no representations that the Site or its content is appropriate or available for use in locations outside the United States. If you access the Site from other jurisdictions, you do so at your own risk and are responsible for compliance with any applicable local laws. We reserve the right to limit the availability of the Site or services to any person, geographic area, or jurisdiction, at any time in our discretion.
WageTime.com offers online payroll processing and related services to business customers. These Terms govern your use of the Site and any general services or information provided through the Site. However, the actual payroll processing services or other professional services we provide to your business will be subject to a separate agreement between your company and Mindsparkle LLC (for example, a payroll services agreement or subscription agreement). That separate agreement will contain specific terms and conditions regarding the provision of payroll services, such as fees, service commitments, data handling, and other important terms. In the event of any conflict between these Terms of Use and the terms of your organization’s written service agreement with us, the service agreement will control for the purposes of the payroll processing services. These Terms do not modify or supersede any terms in a separate payroll services contract you have with us.
By using this Site (for example, to access your payroll dashboard, settings, or other features), you acknowledge that you may also be subject to additional terms and policies. These include our Privacy Policy (governing how we collect and use your data) and any other guidelines or terms posted on the Site for specific features, all of which are incorporated by reference into these Terms. Always review and ensure you understand any additional terms when you sign up for particular services or features.
To use certain features of the Site or services, you (or your company) may need to register for an account. You agree to provide accurate, current, and complete information during registration and to keep such information updated. Any login credentials (such as usernames, passwords, or security tokens) are personal to the registering business and its authorized users. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must ensure that only authorized personnel of your business have access to the account, and you agree not to share login information with any unauthorized person or third party.
You should notify us immediately at once if you suspect any unauthorized access to or use of your account, or if your password or security information has been lost, stolen, or compromised. We may assume that any communications we receive through your account were made by you or with your authorization. Mindsparkle is not liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for all usage of the Site under your account and any consequences thereof.
All content and materials available on the Site – including but not limited to text, logos, graphics, images, software, audio/video clips, page layouts, and design elements – are the property of Mindsparkle LLC or its licensors and are protected by United States and international intellectual property laws (including copyright, trademark, and trade secret laws). Mindsparkle LLC (or its affiliates and licensors) retains all right, title, and interest in and to the Site and its contents. The company names, logos, product and service names, and slogans associated with WageTime.com are trademarks or service marks owned by Mindsparkle LLC. Other trademarks and logos that may appear on the Site are the property of their respective owners.
Limited License: Subject to your compliance with these Terms and any applicable service agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for your internal business use only (specifically, for managing your company’s payroll and related activities through our services). Except as expressly permitted by us in writing, you must not:
– Copy, reproduce, distribute, publish, download, display, perform, post, or transmit any part of the Site or its content in any form or by any means, except as reasonably necessary for your business’s internal use of the Site or as permitted by a feature of the Site (for example, downloading or printing reports for your internal records).
– Modify, alter, adapt, or create derivative works from the Site or its content. You may not reverse engineer, decompile, or disassemble any software or technology used to provide the Site, except to the limited extent allowed by law notwithstanding this restriction.
– Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices that appear on the Site or any materials downloaded or printed from the Site.
– Use any of our trademarks, logos, or other proprietary graphics without our prior written consent. This includes using “WageTime” or any Mindsparkle LLC marks in meta tags or other “hidden text” in websites or other materials.
– Sell, resell, license, or exploit the Site or its content for any commercial purpose (other than for your company’s legitimate internal business operations) without our express written permission.
No rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited access rights expressly provided above. We reserve all rights not expressly granted to you in these Terms. Unauthorized use of the Site or its content may violate intellectual property laws and will constitute a breach of these Terms.
You agree to use WageTime.com and our services only for lawful business purposes and in accordance with these Terms. You further agree that you will not (and will not allow any individual or entity under your control to) use the Site or services in any manner that:
– Violates any applicable law or regulation. You will not use the Site in any way that breaches any applicable federal, state, or local laws or regulations, including employment, payroll, tax, or data privacy laws, or any international laws if you access the Site from outside the U.S.
– Is fraudulent, illegal, or harmful. You will not use the Site for any unlawful purposes or to further any illegal activity. You will not engage in fraud, embezzlement, money laundering, or other illegal activities through our services.
– Attempts unauthorized access or security breaches. You must not access (or attempt to access) any portions of the Site or our systems that you are not authorized to access. This includes not attempting to probe, scan, or test the vulnerability of the Site, circumvent any security or authentication measures, or engage in any hacking, password “mining,” or other effort to compromise the Site’s security.
– Interferes with the Site’s normal operation. You will not use any device, software, script, bot, or routine to interfere with the proper working of the Site. Prohibited actions include introducing any viruses, worms, malware, Trojan horses, or other harmful or malicious code; launching any “denial of service” attack or any other attack that imposes an unreasonable or disproportionately large load on our infrastructure; or otherwise attempting to disrupt or impair the Site’s functionality.
– Involves sending unauthorized communications or spam. You will not use the Site to transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages. You will also not harvest or collect information about other users or businesses via the Site for the purpose of sending unsolicited communications.
– Impersonates or misrepresents your identity. You will not impersonate Mindsparkle LLC, WageTime personnel, another user, or any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity. All information you provide via the Site must be truthful and accurate, and you may not use the Site to engage in identity theft or phishing schemes.
– Attempts to scrape or extract data without permission. You will not use any automated means (such as robots, spiders, or scrapers) to access the Site, extract data, or otherwise gather content or information, except as may be expressly permitted by us (for example, API use under a separate agreement). Similarly, you may not frame, mirror, or deep-link to any content or feature of the Site without our prior consent.
– Misuses the Site in any other harmful manner. You will not engage in any conduct that, in our sole discretion, restricts or inhibits anyone else from properly using the Site or that could harm or expose to liability Mindsparkle or any users of the Site. This includes not using the Site in a manner that could disable, overburden, or damage our servers or networks.
Violation of any of the above Prohibited Activities is grounds for suspension or termination of your account or access to the Site, as well as potential legal action. We reserve the right (but assume no obligation) to monitor your use of the Site for compliance with these Terms. We may investigate any suspected violation and take any action we deem appropriate to address the issue, including reporting you to law enforcement authorities if relevant.
The Site may contain links to third-party websites or services that are not owned or controlled by Mindsparkle LLC. These links are provided for convenience or informational purposes only. For example, the Site might reference or link out to tax agencies, benefits providers, partner services, or other external resources. We do not endorse or assume any responsibility for any third-party websites, services, products, or content. If you access any third-party website or engage with third-party services through links on our Site, you do so at your own risk.
Please be aware that third-party websites have their own terms of use and privacy policies, which may differ from ours. We encourage you to review the terms and policies of any third-party site you visit. Mindsparkle LLC is not liable for any loss or damage that may arise from your use of third-party sites or services, or your reliance on any content, products, or services obtained from them. Any dealings you have with third parties found through the Site are strictly between you and the third party.
WageTime.com and all services, information, and content provided through the Site are offered on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind. To the fullest extent permitted by law, Mindsparkle LLC and its affiliates, suppliers, and partners disclaim all warranties, express or implied, in connection with the Site and your use of it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not guarantee that the Site or services will be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy, completeness, or usefulness of any information on the Site. You assume all risk for any actions taken based on information or services provided through the Site. Any material downloaded or otherwise obtained through your use of the Site is accessed at your own discretion and risk, and you are solely responsible for any damage to your computer systems or loss of data that results from the download of any such material.
Mindsparkle LLC does not warrant that the Site will meet your requirements or expectations, or that any results obtained from use of the Site will be accurate or reliable. No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any warranties that cannot be disclaimed are limited to the shortest duration and most limited scope permitted under applicable law.
To the maximum extent permitted by law, Mindsparkle LLC (and our officers, directors, employees, agents, affiliates, and partners) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, business opportunity, goodwill, use, or data, even if advised of the possibility of such damages. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.
In particular, and without limitation, we will not be liable for any errors or delays in calculating or transmitting payroll or tax information, any unauthorized access to or alteration of your transmissions or data, or any other matter beyond our reasonable control. We provide a platform and tools to facilitate your payroll processing, but ultimate responsibility for correct payroll submissions, compliance with applicable laws, and review of outputs lies with you as the business user, subject to any specific commitments in a separate service agreement.
If, notwithstanding the above disclaimers, Mindsparkle LLC is found liable to you for any claim or cause of action arising out of or related to your use of the Site or services, our aggregate liability to you shall in no event exceed the total amount of fees (if any) that you paid to us for the specific service or feature of the Site in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees to us (for example, if you are using free features of the Site), Mindsparkle’s total liability shall not exceed USD $100.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If laws applicable to you and your use of the Site do not allow the exclusion of certain damages or the limitation of liability as set forth above, then those provisions will apply to you only to the extent permitted by law. However, in all circumstances, our liability will be limited to the greatest extent permitted by law.
You acknowledge and agree that the disclaimers and limitations of liability in these Terms are a fundamental part of the agreement between you and Mindsparkle LLC. The Site and services would not be provided to you without such disclaimers and limitations. Your sole and exclusive remedy if you are dissatisfied with any aspect of the Site or these Terms is to stop using the Site and, if applicable, terminate any account or services related to it.
You agree to indemnify, defend, and hold harmless Mindsparkle LLC, its parent, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the “Mindsparkle Parties”), from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or services (other than as expressly permitted by a separate service agreement with us); (b) your violation of these Terms or of any law or regulation; (c) any content or data you submit or input into the Site (including our processing of your payroll data as directed by you) that infringes, misappropriates, or otherwise violates any intellectual property, privacy, or other rights of any third party; or (d) your gross negligence or willful misconduct.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which event you will cooperate with us in asserting any available defenses). You agree not to settle any such matter without the prior written consent of Mindsparkle LLC. This indemnification obligation will survive any termination or expiration of these Terms or your use of the Site.
Please read this section carefully. It affects your rights by requiring arbitration of most disputes instead of litigation in court and by limiting your ability to bring or participate in class actions.
You and Mindsparkle LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the services we provide (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, to the fullest extent permitted by law. This agreement to arbitrate is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction in interstate commerce. You are thus waiving your right to a judge or jury trial for all such Disputes.
The arbitration shall be administered by the American Arbitration Association (“AAA”) (or a similar reputable arbitration organization if AAA is unavailable) under its Commercial Arbitration Rules (and if applicable, its Procedures for Large, Complex Commercial Disputes). If the AAA is not available, the parties shall agree on an alternative arbitration forum or the court shall appoint one. The arbitration will be conducted by a single neutral arbitrator. Venue for the arbitration will be in Miami, Florida, unless you and Mindsparkle mutually agree on an alternative location. If your business is located outside of Florida and the arbitration forum’s rules permit, you may choose to participate in the arbitration telephonically or via video conference, to minimize travel burdens.
The arbitrator shall have exclusive authority to resolve any dispute regarding the arbitrability of a Dispute (including any scope, applicability, enforceability, or waiver of this arbitration provision), and to adjudicate the merits of all claims. The arbitrator may award any individual relief or remedies that a court of competent jurisdiction could award under law, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The arbitrator’s decision and award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for its own attorneys’ fees and costs, but the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs, to the extent permitted by law or the AAA rules.
Exceptions: Notwithstanding the foregoing agreement to arbitrate Disputes, each party retains the right to seek temporary injunctive or equitable relief from a court in order to prevent actual or threatened misuse, misappropriation, or unauthorized disclosure of confidential information or intellectual property. Such an action can be brought in any court of competent jurisdiction (and, for clarity, Mindsparkle LLC may pursue injunctive relief in the state or federal courts of Miami-Dade County as provided in the Governing Law section below). Additionally, disputes related solely to undisputed small monetary claims (within the jurisdictional limit of small claims court) may, at the option of the claiming party, be resolved in small claims court rather than arbitration.
You and Mindsparkle LLC agree that all Disputes will be resolved on an individual basis only. Neither you nor Mindsparkle will initiate or participate in a class action, class arbitration, or other representative proceeding against the other. The arbitrator shall not have the authority to consolidate the claims of multiple parties or to hear or decide any Dispute as a class, collective, representative, or multi-plaintiff action. By agreeing to these Terms, you waive any right you may have to bring a lawsuit against Mindsparkle LLC as a plaintiff or class member in any purported class or representative action. You are giving up the ability to participate in any class or collective litigation.
Waiver of Jury Trial: You also acknowledge that by agreeing to arbitrate, you and Mindsparkle LLC are each waiving the right to a trial by jury on any Dispute.
If this class action waiver or the prohibition against multi-party arbitration is found to be illegal or unenforceable as to all or some parts of a Dispute, then (only in that circumstance) those parts of the Dispute shall not be arbitrated and will be resolved in court, with the portion of the Dispute subject to the unenforceable waiver severed and pending in court, and the remaining part arbitrated. In no event shall there be a class arbitration.
This Arbitration and Class Action Waiver section shall survive termination of your use of the Site or expiration of these Terms. If you refuse arbitration and class-waiver in the manner provided above, or if this arbitration agreement is deemed unenforceable by a court, then any Dispute between you and us must be exclusively brought in the state or federal courts located in Miami-Dade County, Florida, and in such case you and we waive any right to a jury trial, and agree to submit to the personal jurisdiction of those courts.
These Terms of Use and any disputes arising under or related to them (including any disputes not subject to the arbitration agreement above) are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to its conflict of law principles, and applicable federal law (including the Federal Arbitration Act for the interpretation and enforcement of the arbitration agreement).
Subject to the above Arbitration provision, you and Mindsparkle LLC agree that any legal action or proceeding arising out of or related to these Terms or the use of the Site that is not resolved through arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You and Mindsparkle each consent to the personal jurisdiction of such courts, and waive any objection to venue in those courts, including any claim that such action has been brought in an inconvenient forum.
Please note that the use of our Site may also be subject to other local, state, national, or international laws, and you agree to comply with all applicable laws in your use of the Site. If you are accessing the Site from outside the U.S., you understand that you are voluntarily choosing to use a U.S.-based service governed by U.S. law.
Mindsparkle LLC reserves the right to suspend or terminate your access to the Site (or any portion of the Site), or to deactivate or delete your account, at any time in our sole discretion, with or without notice, for any reason, including if we believe you have violated these Terms or engaged in conduct that is unlawful or harmful to us or any other users. We also reserve the right to terminate or discontinue any part of the Site or the entire Site itself at any time (subject to fulfilling our obligations under any active service agreements).
If your account or access is terminated for any reason: (a) you must immediately stop using the Site and any content obtained from the Site; (b) any rights granted to you under these Terms will cease; and (c) the following provisions of these Terms will survive termination and remain in effect: any obligation you have to pay fees (if applicable) for services already rendered, Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution (Arbitration and Class Action Waiver), Governing Law, Severability and Waiver, and Entire Agreement, as well as any other provisions that by their nature are intended to survive termination.
Termination of your use of the Site does not terminate any separate agreement your company may have with us for payroll services. Any such agreement will continue in accordance with its terms unless separately terminated pursuant to that agreement.
We may revise or update these Terms of Use from time to time in our sole discretion. We will provide notice of material changes by posting the updated Terms on the Site (and updating the “Last Updated” date at the top of this page) and/or by other reasonable means such as email notification to account administrators. All changes are effective when posted, unless a later effective date is specified. Your continued use of the Site after the effective date of revised Terms constitutes your acceptance of those changes.
It is your responsibility to review these Terms periodically for updates. If you do not agree to any revised Terms, you must stop using the Site and services. We also reserve the right to modify or discontinue any feature or functionality of the Site at any time, in which case we will not be liable to you or any third party for any such modification or discontinuation except as may be provided in a separate service agreement.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. In other words, the invalid part will be severed and the rest of the agreement remains binding and enforceable.
No waiver by Mindsparkle LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of that term or any other term, and any failure by Mindsparkle to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Mindsparkle LLC to be effective.
These Terms of Use (together with any documents or policies expressly incorporated by reference, such as our Privacy Policy), constitute the entire agreement between you (and the business you represent) and Mindsparkle LLC with respect to your access to and use of the WageTime.com Site. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
For clarity, if you have entered into a separate written agreement with Mindsparkle LLC for payroll processing or related services (a “Service Agreement”), that Service Agreement is a separate legally binding contract in addition to these Site Terms. These Terms of Use are not intended to modify or restrict the terms of any such Service Agreement. In the event of any direct conflict between these Terms and the Service Agreement, the terms of the Service Agreement will govern with respect to the conflicting subject matter. Except for that and as otherwise stated, these Terms operate independently of any other contracts.
No oral or written information or advice given by us or our representatives shall create any additional warranties or in any way change the provisions of these Terms, unless expressly stated in a written agreement. Any additional or different terms proposed by you (for example, in a purchase order or email) are hereby expressly rejected and will not become part of any agreement between us.
If you have any questions, concerns, or comments about these Terms of Use or need to provide any notice to us under these Terms, you may contact us at:
Mindsparkle LLC (d/b/a WageTime)
801 Brickell Ave, Floor 8
Miami, FL 33131, USA
legal@wagetime.com
This address may also be used for any formal notices to Mindsparkle LLC required under these Terms (such as notices of dispute or requests to opt-out of certain provisions, if applicable). We will communicate with you through the Site, via the email associated with your account, or through other contact information you provide, in accordance with our Privacy Policy.
Thank you for reading these Terms of Use. By using WageTime.com, you acknowledge that you have read, understood, and agreed to all of the above terms and conditions. We value your business and look forward to providing you with reliable HR and payroll processing services for your company in accordance with these terms and your Service Agreement.