Terms of service
Draft — pending legal review. Section §15 (Governing law + disputes) below has placeholders for jurisdiction + arbitration body that need to be confirmed with counsel before paid customers sign on. Liability cap and indemnification scope (§12, §13) should also be reviewed for the specific risk profile.
Effective 2026-04-26. Last updated 2026-05-28.
By creating an account or using OtiumWork ("Service") you agree to these terms. If you don't agree, don't use the Service.
1. Definitions
- "OtiumWork", "we", "us" — Mashpee Advisors LLC (Massachusetts, USA), trading as "OtiumWork", operator of the Service at https://otiumwork.com.
- "You", "Customer" — the company (and its admins, managers, employees) that signs up.
- "Workforce data" — time entries, projects, employees, contracts, financial figures, etc. that you upload or generate.
2. Accounts
You must provide accurate signup information. One account per real person. You are responsible for keeping your password confidential and for all activity under your credentials. If you're an admin, you accept responsibility for what users in your company workspace do with the Service.
You must be at least 16 years old (or the age of digital consent in your country, whichever is higher) to use OtiumWork.
3. Acceptable use
You agree NOT to:
- Track people who haven't been informed and consented (deploying the desktop client covertly is a breach of these terms).
- Use the Service to violate any law or regulation, including data-protection law in your jurisdiction.
- Reverse-engineer, decompile, scrape, or attempt to derive the source code of the Service except as permitted by law.
- Run load tests, security scans, or penetration tests against the Service without our prior written permission.
- Resell or sublicense the Service.
- Upload material you don't own or have the right to use.
- Transmit malware or code that disrupts the Service.
4. Data ownership
You own your Workforce data. We host and process it on your behalf as a data processor (see Privacy Policy). On cancellation, you have 30 days to export everything via /api/me/export before deletion.
5. License grant
OtiumWork grants you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription, solely for your own internal business purposes.
6. Payment
- Pricing is shown at /pricing and on your billing page. Currently $1.99 per active employee seat per month, billed in USD.
- Subscriptions auto-renew monthly until cancelled.
- Cancel anytime via Admin → Billing → Manage subscription. Cancellation takes effect at the end of the current billing period; unused portions of a paid month are not refunded.
- If a payment fails, we'll retry per Stripe's default schedule. After 3 failed attempts the subscription is paused; data remains accessible for 30 days for re-activation.
- Free trial requires no payment until you explicitly subscribe.
- All prices are exclusive of any applicable taxes (sales tax, VAT, GST). You are responsible for those.
7. AI features
OtiumWork uses third-party AI (Claude by Anthropic) for: timesheet draft generation, R&D classification, finance inbox extraction, weekly digest summaries, ask-anything queries.
AI outputs are suggestions, not ground truth. Employees can and should correct them. Decisions about staffing, performance, compensation, hiring, firing, or any legally-significant outcome must not be made solely on AI outputs. We disclaim liability for damages arising from acting on uncorrected AI suggestions.
8. Availability + service levels
OtiumWork is provided on a best-effort basis. We target 99% monthly uptime but do not guarantee any SLA on the current plan. Planned maintenance is announced in-app where feasible. Unplanned outages are communicated as they're discovered.
9. Suspension + termination
We may suspend or terminate your account, with or without notice, if:
- You violate these terms, particularly section 3 (Acceptable use);
- Your payment fails repeatedly and remains unresolved beyond 30 days;
- You request termination;
- We discontinue the Service (in which case we'll give 60 days' notice and provide an export tool).
You may terminate at any time by cancelling your subscription. On termination, sections 4 (Data ownership), 11 (Warranty disclaimer), 12 (Limitation of liability), 13 (Indemnification), 15 (Governing law) survive.
10. Confidentiality
Each party will treat the other's non-public information shared in the course of using the Service as confidential and use it only as needed to perform under these terms. This obligation survives termination.
11. Warranty disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OTIUMWORK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
13. Indemnification
You agree to indemnify and hold harmless OtiumWork, its operators, contractors, and partners from any claim, loss, or damage arising from (a) your use of the Service in violation of these terms, (b) Workforce data you upload (including allegations of unlawful surveillance or breach of employee rights), or (c) your violation of any third-party right.
14. Intellectual property
The Service, including its software, design, and content (other than your Workforce data and other content you submit), is owned by OtiumWork and protected by copyright, trademark, and other laws. We grant you no rights to our intellectual property except the limited license in section 5.
15. Governing law + disputes
These terms are governed by the laws of [TO BE CONFIRMED BY COUNSEL — operator is a Massachusetts LLC; default candidates: Commonwealth of Massachusetts OR State of Delaware], without regard to conflict-of-law principles.
Any dispute arising out of or related to these terms will be resolved by binding arbitration administered by [TO BE CONFIRMED BY COUNSEL — e.g. JAMS, AAA, ICC] in [TO BE CONFIRMED BY COUNSEL — seat of arbitration], except either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. The prevailing party is entitled to recover reasonable attorneys' fees.
16. Modifications
We may update these terms. If a change is material (changes your rights or obligations meaningfully), active admins will receive 14 days' email notice before it takes effect; continuing to use the Service after that date constitutes acceptance. Non-material changes (typos, clarifications) take effect immediately.
17. Notices
Notices to you go to the email address on your admin account. Notices to us go to info@otiumwork.com.
18. Entire agreement
These terms together with our Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreement. If any provision is held unenforceable, the rest remain in effect.
19. Contact
Mashpee Advisors LLC, DBA OtiumWork · info@otiumwork.com
Disclaimer: These terms are launch-grade boilerplate adapted from common SaaS practice. The bracketed sections in §15 (governing law + arbitration body) need to be filled in based on where OtiumWork is legally established. Before going live with paid customers — particularly enterprise — have a qualified SaaS lawyer review and tailor: liability cap, indemnification scope, governing law, dispute resolution, and any jurisdiction-specific consumer-protection carve-outs.