Terms of Service

Last updated October 24, 2026

These terms are an agreement between NextGear Holding Inc. ("NextGear", "we", "us") and the business that signs up for Dakik ("Customer", "you"). They cover the Dakik time clock, the manager pages, the company address on dakik.us, and any related support (together, the "Service"). By using the Service, you agree to these terms. If you have a separate signed agreement or order with us, that document wins where it differs.

1. The Service

Dakik lets your workers clock in and out from their phones or a shared tablet. It lets your managers review and approve time, and it prepares records and totals for payroll, including hours, overtime, pay estimates, reports and exports. We may improve or change features over time. We will not remove a core feature you are paying for without reasonable notice.

2. Your account and your people

• You decide who gets access. You are responsible for the people you add, the personal links and PINs you hand out, and what they do in the Service.
• Keep manager PINs private, and turn off a person's access when they leave. Tell us right away if you think a link or PIN has been misused.
• You must have the right to give us the information you put into the Service. That includes telling your workers that you use Dakik and, where the law requires, getting their consent (for example, to the location check).

3. Payroll, tax and legal responsibility

Dakik is a record-keeping and calculation tool. It is not a payroll provider, and it does not give tax, accounting or legal advice. The Service does not file tax returns or pay workers.

• Totals, overtime, Social Security and Medicare figures, and other numbers are estimates based on the settings and data you provide. Federal and state income tax withholding is not calculated.
• You are responsible for checking the numbers before you pay anyone.
• You are also responsible for following wage-and-hour, payday, recordkeeping, worker-classification and tax laws.

4. Your data

• You own your data. We store and process it only to provide the Service to you, as described in our Privacy notice.
• You can ask for a full copy of your records (the Google Sheet and stored files) at any time.
• When the Service ends, we will give you a copy if you ask within 30 days. We then delete your records unless the law requires us to keep them.
• We may use non-identifying, combined information about how the Service is used (for example, how many clock-ins happen per day) to improve it.

5. Security and confidentiality

We use reasonable safeguards to protect your data: encrypted connections, restricted access, and a separate store for each customer. We keep your business information confidential and use it only to provide the Service. If we learn of a security incident that affects your data, we will tell you without undue delay.

6. Acceptable use

Do not use the Service to:

• break the law or track people without a lawful reason;
• upload harmful code;
• try to access other customers' data;
• overload or reverse-engineer the Service;
• resell it without our written permission.

We may suspend access that puts the Service or other customers at risk, and we will tell you why.

7. Fees

Fees, billing period and payment method are set in your order or subscription. Unless your order says otherwise:

• fees are paid in advance and are non-refundable for a period that has started;
• we may change prices with at least 30 days' notice before your next billing period;
• late payment can lead to suspension after we give you notice.

8. Availability

We work to keep the Service running at all times. It depends on third-party platforms, including Google and Cloudflare, so we cannot promise it will never be interrupted. Keep a backup way to record time if an outage would seriously affect your business.

9. Term and ending

These terms last while you use the Service. You can stop at any time by telling us; the Service continues until the end of the period you have paid for. We can end the Service with 30 days' notice, or sooner if you seriously break these terms and do not fix the problem within 10 days of our notice. Sections 3, 4, 10, 11, 12 and 13 continue after the Service ends.

10. Disclaimer

Except as stated in these terms, the Service is provided "as is" and "as available". As far as the law allows, we disclaim all other warranties, express or implied. This includes warranties of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

As far as the law allows:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data;
• our total liability for all claims about the Service is limited to the fees you paid us in the 12 months before the claim.

These limits do not apply to amounts that cannot be limited by law.

12. Indemnity

You will defend and compensate us for third-party claims that arise from your data, from your use of the Service in breach of these terms, or from your payroll, tax or employment decisions.

13. General

• These terms are governed by the laws of the State of Texas. Courts in Dallas County, Texas, have exclusive jurisdiction over any dispute.
• We may update these terms. We will give you at least 30 days' notice of important changes, and continuing to use the Service after that means you accept them.
• If part of these terms cannot be enforced, the rest stays in effect.
• You may not transfer these terms without our consent. We may transfer them as part of a merger or sale of our business.

Contact

NextGear Holding Inc. · info@nextgearholdinginc.com