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AcknowledgePoint.com

Terms of Service

Effective Date: [Insert Effective Date] Last Updated: [Insert Last Updated Date]

These Terms of Service (“Terms”) govern access to and use of the websites, applications, portals, subscription services, administrative tools, document builder, policy templates, assignment workflows, acknowledgement workflows, reporting tools, support services, and related products and services provided by AcknowledgePoint, LLC, doing business as AcknowledgePoint.com (“AcknowledgePoint,” “Company,” “we,” “us,” or “our”) (collectively, the “Services”).

These Terms form a legally binding agreement between AcknowledgePoint and the person or entity accessing or using the Services (“Customer,” “you,” or “your”). If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “Customer,” “you,” and “your” refer to that entity.

By creating an account, accessing the Services, clicking to accept these Terms, executing an order, paying an invoice, or using any part of the Services, you agree to be bound by these Terms, the Subscription & Billing Terms, the Cancellation Policy, the Acceptable Use Policy, the Privacy Policy, and any applicable Data Processing Addendum.

If you do not agree to these Terms, you may not access or use the Services.

1. DESCRIPTION OF THE SERVICES

AcknowledgePoint is a business-to-business software platform designed to help companies and organizations create internal policies and related documents, assign them to employees or other users, collect electronic acknowledgements, track completion, and maintain records for operational, compliance, HR, safety, IT, administrative, and audit purposes.

The Services may include:

  • company account setup;
  • administrator accounts;
  • employee and user accounts;
  • department and location management;
  • document builder functionality;
  • reusable document templates;
  • document categories;
  • document publishing workflows;
  • document assignment by user, department, location, team, or other criteria;
  • acknowledgement tracking;
  • due date tracking;
  • overdue status indicators;
  • dashboards and reports;
  • audit-ready record views;
  • billing and subscription status indicators;
  • account hold controls;
  • support resources; and
  • other features that AcknowledgePoint may provide from time to time.

AcknowledgePoint is not a law firm, HR consulting firm, compliance consulting firm, employment advisor, safety consultant, or insurance advisor. The Services do not provide legal, employment, compliance, safety, labor, financial, tax, or professional advice. Customers are responsible for reviewing all policies, templates, documents, procedures, workflows, and acknowledgement processes with their own qualified legal, HR, compliance, safety, or professional advisors before use.

2. DOCUMENT BUILDER AND TEMPLATES

AcknowledgePoint provides a built-in document builder and may provide reusable templates that customers can use as a starting point for their own internal documents.

2.1 No General Policy Upload Feature

Unless AcknowledgePoint expressly enables a feature in the Services, the Services are not intended to operate as a general file upload repository. Customers are expected to create documents within the AcknowledgePoint document builder or start from an AcknowledgePoint template and then customize the content.

2.2 Templates Are Starting Points Only

Templates may include example language, suggested structures, sample clauses, placeholders, headings, or common business policy concepts. Templates are provided for convenience and operational efficiency only. Templates are not guaranteed to be legally sufficient, compliant with any specific law, appropriate for any industry, or suitable for any particular customer.

2.3 Customer Responsibility for Documents

Customer is solely responsible for:

  • the accuracy of documents created in the Services;
  • the legality and appropriateness of document content;
  • ensuring documents reflect Customer’s actual policies and practices;
  • obtaining legal, HR, safety, compliance, or other professional review where appropriate;
  • determining which users should receive each document;
  • determining due dates and acknowledgement requirements;
  • retaining records as required by applicable law;
  • responding to employee questions or disputes about the document content; and
  • ensuring that document content does not include unnecessary sensitive personal information.

3. ELIGIBILITY AND BUSINESS USE

The Services are intended for business and organizational use. You may not use the Services if you are legally prohibited from doing so, if you are under the age of majority in your jurisdiction, or if your account has previously been suspended or terminated by AcknowledgePoint.

The Services are not intended for personal, household, or consumer use. If you use the Services on behalf of a company, organization, or employer, you represent that you are authorized to do so.

4. ACCOUNT REGISTRATION

To use the Services, Customer may need to create an account and provide information such as company name, administrator name, email address, billing information, and other account details.

Customer agrees to:

  • provide accurate, current, and complete information;
  • maintain and promptly update account information;
  • keep login credentials confidential;
  • use reasonable security measures to protect administrator accounts;
  • promptly notify AcknowledgePoint of unauthorized access or suspected compromise;
  • ensure that only authorized users access the Services; and
  • be responsible for all activity under Customer’s account.

AcknowledgePoint may reject, suspend, or terminate accounts that contain false, misleading, incomplete, fraudulent, or unauthorized information.

5. ADMINISTRATORS AND USERS

Customer may designate administrators and users within the Services. Administrators may be able to create documents, manage users, assign documents, view acknowledgement records, export reports, configure settings, manage billing information, or perform other actions.

Customer is responsible for:

  • assigning appropriate roles and permissions;
  • limiting administrator access to authorized personnel;
  • promptly removing users who no longer require access;
  • verifying department and location assignments;
  • ensuring employee data is accurate;
  • ensuring users understand their responsibilities; and
  • monitoring use of the Services by Customer’s administrators and users.

AcknowledgePoint is not responsible for unauthorized access caused by Customer’s failure to manage users, permissions, credentials, or internal security practices.

6. CUSTOMER DATA

“Customer Data” means information, content, records, documents, user data, employee data, assignments, acknowledgements, reports, configurations, and other materials submitted to, generated within, or stored in the Services by or on behalf of Customer.

Customer owns Customer Data, subject to the rights granted to AcknowledgePoint in these Terms and any applicable Data Processing Addendum.

Customer grants AcknowledgePoint a limited, worldwide, non-exclusive, royalty-free right to host, store, process, transmit, display, copy, and use Customer Data solely as necessary to:

  • provide the Services;
  • maintain, secure, and support the Services;
  • troubleshoot issues;
  • enforce these Terms;
  • comply with applicable law;
  • prevent abuse or fraud;
  • perform billing and account administration; and
  • improve the Services using aggregated, de-identified, or anonymized data where permitted.

7. CUSTOMER RESPONSIBILITIES FOR DATA

Customer represents and warrants that:

  • Customer has all necessary rights, consents, permissions, and legal bases to submit Customer Data to the Services;
  • Customer’s use of the Services will comply with applicable laws, including privacy, employment, labor, record retention, and workplace laws;
  • Customer will provide all required notices to employees, contractors, administrators, and other users;
  • Customer will not submit unlawful, infringing, misleading, discriminatory, harmful, or abusive content;
  • Customer will not submit unnecessary sensitive personal information unless permitted by law and necessary for Customer’s lawful use;
  • Customer will not use the Services to unlawfully monitor, discipline, discriminate against, or retaliate against employees; and
  • Customer will not use the Services in a manner that violates the Acceptable Use Policy.

8. PRIVACY

AcknowledgePoint’s Privacy Policy explains how we collect, use, disclose, and protect information. By using the Services, Customer acknowledges the Privacy Policy.

For Customer Data that includes personal information processed by AcknowledgePoint on behalf of Customer, the Data Processing Addendum may apply. Customer is responsible for determining whether it is required to enter into a Data Processing Addendum with AcknowledgePoint.

9. SECURITY

AcknowledgePoint uses commercially reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Data.

However, no system is completely secure. AcknowledgePoint does not guarantee that unauthorized third parties will never defeat security measures. Customer is responsible for protecting credentials, managing permissions, securing endpoints, training administrators, and maintaining appropriate internal security controls.

10. ACCOUNT HOLDS AND ACCESS RESTRICTIONS

AcknowledgePoint may place an account on hold, suspend access, limit functionality, or restrict use if:

  • invoices are past due;
  • Customer exceeds plan limits without resolving add-ons or plan upgrades;
  • Customer violates these Terms;
  • Customer violates the Acceptable Use Policy;
  • Customer’s use creates security, legal, operational, or reputational risk;
  • AcknowledgePoint suspects fraud, abuse, or unauthorized access;
  • required billing or account information is missing or inaccurate; or
  • continued access may harm AcknowledgePoint, Customer, users, or third parties.

When an account is on hold, AcknowledgePoint may restrict access to administrative features, document creation, assignments, acknowledgements, reports, exports, user management, or other features. AcknowledgePoint may allow limited access to billing, account status, or record export functions at its discretion.

11. SUBSCRIPTION PLANS AND PLAN LIMITS

AcknowledgePoint may offer subscription plans with limits based on administrators, users, active documents, companies, features, storage, reports, or other usage metrics.

Current plans include:

  • Foundation: $0 per month, 3 active employees, 1 administrator, and 3 active documents;
  • Essentials: $49 per month, 20 active employees, 1 administrator, and 15 active documents;
  • Team: $149 per month, 50 active employees, 3 administrators, and 40 active documents;
  • Professional: $249 per month, 100 active employees, 8 administrators, and 80 active documents;
  • Advanced: $499 per month, 250 active employees, 15 administrators, and 200 active documents;
  • Premier: $899 per month, 500 active employees, 25 administrators, and 400 active documents; and
  • Enterprise: $1,499 per month, 1,000 active employees, 40 administrators, and 800 active documents.

Administrators count within the active employee allowance and also count against the administrator allowance. Only published documents count as active documents.

AcknowledgePoint may offer add-ons such as:

  • additional administrator at $15 per month each;
  • additional active employee at $2 per month each; and
  • additional active document at $1 per month each.

Plan limits, pricing, add-ons, and feature availability are described in the Subscription & Billing Terms, on the pricing page, in an order form, or in the customer account.

12. FEES, BILLING, AND PAYMENT

Customer agrees to pay all applicable fees according to the Subscription & Billing Terms, invoices, order forms, or other agreed billing documents.

AcknowledgePoint may invoice Customer electronically. Unless otherwise stated, paid plans are invoiced when Customer signs up and thereafter on the applicable billing cycle.

Customer is responsible for all fees, taxes, late amounts, collection costs, and other charges associated with Customer’s account.

13. FREE PLAN AND TRIALS

AcknowledgePoint may offer a free plan or trial access. Free plans and trials may be limited by features, usage, duration, number of users, number of documents, support level, or other restrictions.

AcknowledgePoint may modify, suspend, or discontinue free plans or trials at any time. Free or trial accounts may be subject to data retention, deletion, access, or support limitations.

14. INTELLECTUAL PROPERTY

AcknowledgePoint and its licensors own all rights, title, and interest in and to the Services, including software, interfaces, designs, workflows, templates, visual elements, logos, trademarks, documentation, text, graphics, icons, code, algorithms, processes, databases, reports, and other materials, excluding Customer Data.

These Terms do not transfer any ownership rights in the Services to Customer. Customer receives only a limited right to access and use the Services according to these Terms.

Customer may not:

  • copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services;
  • reverse engineer, decompile, or attempt to extract source code;
  • remove proprietary notices;
  • use AcknowledgePoint’s trademarks without permission;
  • use the Services to build a competing product;
  • scrape, harvest, or systematically extract data from the Services; or
  • use templates outside the Services except as permitted by AcknowledgePoint.

15. CUSTOMER FEEDBACK

If Customer provides feedback, suggestions, ideas, requests, or recommendations, Customer grants AcknowledgePoint a perpetual, irrevocable, worldwide, royalty-free right to use, modify, incorporate, and commercialize that feedback without restriction or compensation.

16. THIRD-PARTY SERVICES

The Services may integrate with or link to third-party services, such as billing platforms, payment processors, analytics tools, hosting providers, email services, identity providers, or other applications.

AcknowledgePoint does not control third-party services and is not responsible for their content, policies, performance, security, availability, or practices. Customer’s use of third-party services is governed by the third party’s terms and policies.

17. SUPPORT

AcknowledgePoint may provide support through email, help center, documentation, or other channels. Support availability may vary by plan. AcknowledgePoint does not guarantee response or resolution times unless expressly stated in a written agreement.

18. SERVICE AVAILABILITY

AcknowledgePoint will use commercially reasonable efforts to maintain availability of the Services. However, the Services may be unavailable due to maintenance, updates, outages, security issues, third-party failures, force majeure events, or other causes.

AcknowledgePoint does not guarantee uninterrupted or error-free service unless expressly stated in a separate service level agreement.

19. MODIFICATIONS TO THE SERVICES

AcknowledgePoint may modify, improve, update, suspend, replace, or discontinue features of the Services at any time. We will use reasonable efforts to avoid materially reducing core functionality for paid customers during an active subscription term, but changes may occur for security, legal, operational, product, or business reasons.

20. CONFIDENTIALITY

Each party may receive confidential information from the other. Confidential information includes non-public business, technical, financial, product, security, pricing, customer, employee, and operational information that a reasonable person would understand to be confidential.

The receiving party will:

  • use confidential information only for purposes of the relationship;
  • protect confidential information using reasonable care;
  • not disclose confidential information except to authorized personnel, service providers, or advisors with a need to know;
  • comply with applicable law; and
  • return or destroy confidential information upon request, subject to legal and backup retention requirements.

Confidential information does not include information that is publicly available, already known without restriction, independently developed, or lawfully received from a third party.

21. WARRANTIES AND DISCLAIMERS

Customer represents and warrants that it has authority to enter into these Terms and use the Services.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW. ACKNOWLEDGEPOINT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION.

ACKNOWLEDGEPOINT DOES NOT WARRANT THAT:

  • THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS;
  • THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
  • REPORTS WILL SATISFY ANY PARTICULAR LEGAL OR AUDIT REQUIREMENT;
  • TEMPLATES WILL BE LEGALLY SUFFICIENT;
  • DOCUMENTS CREATED BY CUSTOMER WILL BE COMPLIANT; OR
  • CUSTOMER’S USE OF THE SERVICES WILL PREVENT EMPLOYMENT, LEGAL, COMPLIANCE, SAFETY, SECURITY, OR BUSINESS RISK.

22. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACKNOWLEDGEPOINT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, EMPLOYMENT CLAIMS, COMPLIANCE FAILURES, OR COSTS OF SUBSTITUTE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACKNOWLEDGEPOINT’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO ACKNOWLEDGEPOINT FOR THE SERVICES DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations of liability. In such cases, liability will be limited to the maximum extent permitted by law.

23. INDEMNIFICATION

Customer will defend, indemnify, and hold harmless AcknowledgePoint and its officers, directors, employees, contractors, agents, affiliates, service providers, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • Customer Data;
  • Customer documents, policies, templates, edits, or assignments;
  • Customer’s use of the Services;
  • Customer’s violation of these Terms;
  • Customer’s violation of law;
  • Customer’s employment, HR, safety, compliance, or operational decisions;
  • Customer’s failure to provide required notices or obtain required rights;
  • Customer’s misuse of acknowledgement records;
  • Customer’s users or administrators;
  • allegations that Customer Data infringes or violates third-party rights; or
  • Customer’s use of third-party services.

24. TERMINATION

Customer may terminate according to the Cancellation Policy. AcknowledgePoint may suspend or terminate access if Customer violates these Terms, fails to pay, creates risk, or uses the Services unlawfully.

Upon termination:

  • Customer’s right to access the Services ends;
  • unpaid fees become due;
  • AcknowledgePoint may restrict account access;
  • Customer should export needed records before termination;
  • Customer Data may be retained, deleted, or archived according to the Privacy Policy, Data Processing Addendum, and retention practices; and
  • provisions that by their nature should survive will survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and data retention provisions.

25. GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to conflict of law principles, unless another governing law is specified in a written agreement signed by AcknowledgePoint.

26. DISPUTE RESOLUTION

Before filing a claim, the parties agree to attempt in good faith to resolve disputes informally by providing written notice and allowing at least thirty (30) days for resolution.

If a dispute cannot be resolved informally, the parties agree that disputes will be brought in the state or federal courts located in [Insert County], California, unless a written agreement provides otherwise. Each party consents to the jurisdiction and venue of those courts.

Optional arbitration language should not be added without legal review, especially for subscription services and California customers.

27. CHANGES TO THESE TERMS

AcknowledgePoint may update these Terms from time to time. If changes are material, we may provide notice by email, website notice, application notice, or other reasonable method. Updated Terms are effective when posted unless otherwise stated.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

28. NOTICES

AcknowledgePoint may provide notices by email, application notice, website posting, invoice notice, or other reasonable method.

Customer may send legal notices to:

AcknowledgePoint, LLC [Insert Mailing Address] Email: [[email protected]]

29. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Subscription & Billing Terms, Cancellation Policy, Acceptable Use Policy, Data Processing Addendum, order forms, invoices, and any other written agreement between the parties, constitute the entire agreement regarding the Services.

30. CONTACT

Questions about these Terms may be sent to:

Email: [[email protected]] Support: [[email protected]] Website: https://acknowledgepoint.com

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