Terms of service

Last updated: April 2026

1. Acceptance of terms

By accessing or using the Tymbly platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Tymbly Inc. ("Tymbly," "we," "us," or "our"), a corporation incorporated under the laws of the Province of Ontario, Canada.

2. Description of service

Tymbly is a cloud-based human resources management platform that provides tools for workforce management, including but not limited to: employee records management, shift scheduling, leave and absence tracking, expense management, time and attendance, access control, organizational charting, surveys, approval workflows, and AI-powered HR assistance.

The Service is provided on a software-as-a-service (SaaS) basis. Tymbly reserves the right to modify, update, or discontinue features of the Service at any time, provided that such changes do not materially reduce the core functionality of the Service during an active subscription period.

3. Account registration

To use the Service, the Customer must register an account and provide accurate, complete, and current information. The Customer is responsible for:

  • Maintaining the confidentiality of account credentials and restricting access to authorized personnel only.
  • Ensuring that all users authorized to access the Service ("Authorized Users") comply with these Terms.
  • All activities that occur under the Customer's account, whether or not authorized by the Customer.
  • Promptly notifying Tymbly of any unauthorized use of the account or any other breach of security.

The Customer must designate at least one administrator who will be responsible for managing user accounts, permissions, and organizational settings within the Service.

4. Subscription and payment

Pricing. The Service is offered on a per-employee, per-month pricing model. Pricing details are available on our website or as agreed upon in a separate order form or enterprise agreement.

Billing cycles. Subscriptions are billed on a monthly or annual basis, as selected by the Customer at the time of purchase. Annual subscriptions are billed in advance for the full subscription period.

Auto-renewal. Subscriptions automatically renew at the end of each billing cycle unless the Customer provides written notice of cancellation at least thirty (30) days prior to the renewal date.

Payment terms. All fees are due within thirty (30) days of the invoice date. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Taxes. All fees are exclusive of applicable taxes, including but not limited to HST, GST, PST, and any other sales or use taxes. The Customer is responsible for payment of all such taxes.

Employee count adjustments. If the number of active employees increases during a billing cycle, the Customer will be billed for the additional employees on a prorated basis. Reductions in employee count will be reflected in the next billing cycle.

5. Data ownership

The Customer retains all right, title, and interest in and to all data, information, and content submitted to the Service by the Customer or its Authorized Users ("Customer Data"). Tymbly does not claim ownership of Customer Data.

The Customer grants Tymbly a limited, non-exclusive license to access, use, and process Customer Data solely for the purpose of providing and improving the Service, and as otherwise described in our Privacy Policy.

Tymbly may generate anonymized and aggregated data derived from Customer Data for the purposes of analytics, benchmarking, and service improvement, provided that such data cannot be used to identify the Customer or any individual.

6. Acceptable use

The Customer agrees not to, and shall ensure that its Authorized Users do not:

  • Use the Service for any unlawful purpose or in violation of any applicable local, provincial, national, or international law or regulation.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying technology of the Service.
  • Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
  • Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
  • Upload or transmit any viruses, malware, or other harmful code through the Service.
  • Use the Service to store or transmit content that is defamatory, obscene, or otherwise objectionable.
  • Resell, sublicense, or make the Service available to any third party without Tymbly's prior written consent.
  • Use the Service to send unsolicited communications or spam to employees or other individuals.

Tymbly reserves the right to suspend or terminate the Customer's access to the Service if it reasonably determines that a violation of this section has occurred.

7. Intellectual property

Tymbly and its licensors retain all right, title, and interest in and to the Service, including all software, technology, documentation, designs, trademarks, logos, and other intellectual property associated with the Service. These Terms do not grant the Customer any rights to Tymbly's intellectual property except the limited right to use the Service in accordance with these Terms.

The Customer retains all intellectual property rights in Customer Data and any content created by the Customer using the Service. Nothing in these Terms transfers ownership of Customer content to Tymbly.

8. Service level

Uptime commitment. Tymbly commits to maintaining a commercially reasonable level of availability for the Service, targeting 99.9% uptime measured on a monthly basis, excluding scheduled maintenance windows and force majeure events.

Scheduled maintenance. Tymbly may perform scheduled maintenance during off-peak hours and will provide reasonable advance notice to Customers. Scheduled maintenance windows will not count against uptime calculations.

Support. Tymbly provides customer support via email and in-app communication channels during standard business hours (Eastern Time). Enterprise customers may be eligible for enhanced support levels as specified in their service agreement.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYMBLY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of, or inability to access or use, the Service;
  • Any conduct or content of any third party on the Service;
  • Unauthorized access, use, or alteration of your data or transmissions;
  • Any interruption or cessation of the Service.

TYMBLY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO TYMBLY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Tymbly and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • The Customer's use of the Service in violation of these Terms;
  • The Customer's violation of any applicable law or regulation;
  • Any Customer Data or content submitted to the Service by the Customer or its Authorized Users;
  • Any dispute between the Customer and its employees relating to the use of the Service.

11. Termination

Termination by Customer. The Customer may terminate these Terms at any time by providing written notice to Tymbly. Termination will be effective at the end of the current billing cycle. No refunds will be issued for the remaining portion of a prepaid subscription period unless otherwise required by applicable law.

Termination by Tymbly. Tymbly may terminate or suspend the Customer's access to the Service immediately upon written notice if the Customer breaches any material provision of these Terms and fails to cure such breach within fifteen (15) days of receiving notice thereof.

Data export. Upon termination, the Customer will have a period of thirty (30) days to export their Customer Data from the Service. Tymbly will provide reasonable assistance with data export upon request. After the 30-day export period, Tymbly reserves the right to delete all Customer Data from its systems, except where retention is required by applicable law.

Survival. Sections relating to intellectual property, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive termination shall survive the termination of these Terms.

12. Data protection

Tymbly is committed to protecting the privacy and security of Customer Data. Our data processing practices are governed by our Privacy Policy, which forms part of these Terms.

PIPEDA compliance. Tymbly processes personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation in Canada.

Data processing agreement. Upon request, Tymbly will enter into a Data Processing Agreement (DPA) with the Customer that specifies the nature and purpose of data processing, the types of personal data processed, and the obligations of each party with respect to data protection.

Data security. Tymbly implements appropriate technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction, including encryption in transit and at rest, access controls, and regular security assessments.

Data residency. Customer Data is stored on servers located in secure data centers. Customers may inquire about data residency options by contacting Tymbly directly.

13. Modifications to terms

Tymbly reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' prior notice of any material changes by posting the updated Terms on our website and notifying Customers via email or through the Service.

Continued use of the Service after the effective date of any modifications constitutes acceptance of the updated Terms. If the Customer does not agree with the modified Terms, the Customer may terminate the subscription in accordance with Section 11.

14. Governing law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

15. Contact information

If you have any questions about these Terms of Service, please contact us:

  • Email: [email protected]
  • Phone: +1 (416) 464-7151
  • Address: 25-375 Cook Rd, North York, ON M3J 3T6, Canada