These Terms of Service (“Terms”) govern your access to and use of the Headcount platform (the “Service”), operated by Headcount (“we”, “us”, “our”), available at app.headcounthq.xyz.
By creating an account, accepting an invitation, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
1. Description of Service
Headcount is an AI-powered operations and performance management platform for workplaces. The Service provides:
- •Time-Off Management — Leave requests, approvals, balance tracking, and calendar visibility
- •Pulse Surveys — Recurring and one-time team check-ins with analytics
- •1:1 Meetings — Scheduling, agendas, notes, action items, and AI-powered preparation briefs
- •Feedback — Peer, upward, and downward feedback with manager visibility
- •Recognition — Public praise and appreciation within the workspace
- •AI Agent — A conversational AI assistant that answers questions about your team, provides burnout risk assessments, team health analysis, manager insights, and recognition suggestions
- •Workload Tracking — Self-reported workload check-ins with team-level visibility
- •Slack Integration — Slash commands, bot interactions, notifications, and an interactive App Home
- •Google Calendar Integration — 1:1 meeting scheduling synced with Google Calendar
- •Knowledge Base — Uploaded company documents for AI-powered context
- •Notifications — Email, Slack, and in-app notifications
The Service is delivered as a cloud-hosted web application with optional integrations.
2. Accounts and Workspaces
2.1 Account Creation
To use the Service, you must create an account with a valid email address and password, or sign in through an approved authentication method (such as Slack OpenID Connect).
You are responsible for:
- •Maintaining the confidentiality of your account credentials
- •All activities that occur under your account
- •Notifying us promptly if you suspect unauthorized access
2.2 Workspaces
The Service is organized into workspaces. A workspace is created by an administrator and represents a single organization.
- •The admin who creates the workspace is responsible for managing user access, roles, and settings
- •Admins may invite team members by email or through Slack user sync
- •Each user account belongs to one workspace
- •Admins may assign roles: Admin (full control), Manager (team management features), or Member (individual features)
- •Admins may remove members at any time; removed members immediately lose access
2.3 Eligibility
The Service is intended for use by adults (18 years or older) in professional and workplace contexts. By using the Service, you represent that you meet this age requirement.
3. Subscription and Billing
3.1 Free Trial
New workspaces receive a 14-day free trial with access to all features. No credit card is required for the trial.
3.2 Paid Plans
After the trial, continued access requires a paid subscription. Plans are billed on a per-seat, per-month or per-seat, per-year basis, based on the number of active members in the workspace.
3.3 Payment Processing
All payments are processed by Lemon Squeezy, which acts as our Merchant of Record. Lemon Squeezy handles all payment processing, tax calculation, invoicing, and refunds. We do not store your credit card details.
3.4 Billing Cycle and Renewal
Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. The workspace admin can cancel from the Settings page or the billing portal.
3.5 Seat Changes
When members are added to or removed from the workspace, the seat count and billing are adjusted at the next billing cycle.
3.6 Cancellation
When a subscription is cancelled:
- •The workspace retains full access until the end of the current paid period
- •After the paid period ends, the workspace enters a read-only state for 30 days (data is accessible but new features are disabled)
- •After the read-only period, data is retained for an additional 60 days per our data retention policy
- •After the retention period, all workspace data is permanently deleted
3.7 Refunds
Refund requests are handled by Lemon Squeezy per their refund policy. Contact us at [email protected] and we will facilitate the process.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not:
- •Use the Service to harass, bully, discriminate against, or intimidate any person
- •Upload malicious files, viruses, or harmful content to the Knowledge Base or any other part of the Service
- •Attempt to access another workspace's data or another user's account
- •Use the AI agent to generate content that is harmful, misleading, discriminatory, or that violates any law
- •Use the Service in a way that violates Slack's or Google's terms of service
- •Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
- •Scrape, crawl, or use automated means to extract data from the Service
- •Use the Service to compete with Headcount or build a substantially similar product
- •Violate any applicable law or regulation, including employment and data protection laws
- •Circumvent or interfere with any security features of the Service
We reserve the right to suspend or terminate accounts that violate these terms, with or without notice depending on severity.
5. Data Ownership and Intellectual Property
5.1 Your Data
You own your data. All data that you or your team members create, upload, or input into the Service (“Customer Data”) remains the property of the workspace organization.
We do not claim ownership of Customer Data. We have a limited, non-exclusive license to process Customer Data solely for the purpose of providing and improving the Service, as described in our Privacy Policy.
Upon termination, you may request an export of your data during the read-only period described in Section 3.6.
5.2 Headcount's Intellectual Property
The Service — including its software, design, algorithms, AI models, documentation, trademarks, and all related intellectual property — is owned by Headcount and protected by applicable intellectual property laws.
Your subscription grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription period, subject to these Terms.
5.3 AI-Generated Content
Content generated by Headcount's AI features (burnout scores, team health reports, 1:1 briefs, agent responses, recognition suggestions) is provided as part of the Service. We do not claim ownership of AI-generated content delivered to you. However, AI outputs may be inaccurate and require human judgment (see Section 7).
5.4 Feedback
If you provide suggestions, ideas, or feedback about the Service, we may use them without obligation or compensation. You grant us a non-exclusive, royalty-free, worldwide license to use such feedback to improve the Service.
6. Third-Party Integrations
6.1 Slack and Google Calendar
Use of Slack and Google Calendar integrations is subject to the respective platform's terms of service and privacy policies. You are responsible for complying with those terms when using Headcount's integrations.
6.2 Availability of Integrations
We are not responsible for outages, changes, or discontinuation of third-party APIs. If Slack or Google changes their APIs in a way that affects Headcount's functionality, we will make reasonable efforts to adapt, but we do not guarantee uninterrupted integration functionality.
6.3 Disconnecting Integrations
You may disconnect Slack or Google Calendar at any time from Settings. Disconnecting an integration will disable the associated features but will not delete data previously collected through that integration (see Privacy Policy, Section 16).
7. AI Features Disclaimer
Headcount's AI-powered features — including burnout risk detection, team health scores, manager insights, recognition suggestions, 1:1 preparation briefs, and the AI agent — are tools designed to assist workplace management. They are subject to the following limitations:
- •Not professional advice: AI outputs are not a substitute for professional human resources, legal, medical, or psychological advice. Do not rely solely on AI outputs for employment decisions.
- •Accuracy: AI may produce outputs that are inaccurate, incomplete, outdated, or biased. Always verify important information and exercise independent judgment.
- •No guarantees: We do not guarantee that AI features will detect all instances of burnout, conflict, or other workplace issues, or that AI recommendations will be appropriate for every situation.
- •Human oversight required: All AI outputs are advisory. They are presented to managers and administrators for review. No automated employment decisions are made by the Service.
- •Evolving technology: AI capabilities and limitations may change as we update our models and algorithms. We will notify you of material changes.
By using AI features, you acknowledge these limitations and agree that Headcount is not liable for decisions made based on AI outputs.
8. Service Availability
8.1 Uptime
We strive to maintain high availability of the Service. However, we do not guarantee a specific uptime percentage unless a separate Service Level Agreement (SLA) has been agreed upon in writing.
8.2 Planned Maintenance
We may perform planned maintenance that temporarily interrupts the Service. We will provide reasonable advance notice for planned maintenance that exceeds 30 minutes.
8.3 Force Majeure
We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics, government actions, power failures, internet outages, or failures of third-party services (including Slack, Google, AWS, and AI providers).
9. Limitation of Liability
To the maximum extent permitted by applicable law: Headcount's total aggregate liability for all claims arising from or related to the Service shall not exceed the total amount paid by you in the 12 months preceding the event giving rise to the claim.
In no event shall Headcount be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of data, loss of business opportunity, or damage to reputation, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if Headcount has been advised of the possibility of such damages.
- •Headcount is not liable for decisions made based on AI-generated outputs, recommendations, or insights
- •Headcount is not liable for data loss caused by your actions, including accidental deletion, misconfigured access controls, or failure to maintain account security
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
10. Indemnification
10.1 Your Indemnification
You agree to indemnify, defend, and hold harmless Headcount and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- •Your use of the Service in violation of these Terms
- •Customer Data you upload or input into the Service
- •Your violation of any law, regulation, or third-party rights
- •Employment decisions made based on information provided by the Service
10.2 Headcount's Indemnification
We will indemnify and defend you against third-party claims alleging that the Service infringes a valid intellectual property right, provided that you promptly notify us of the claim, give us control of the defense, and cooperate with our reasonable requests.
11. Confidentiality
11.1 Definition
“Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential. This includes: Customer Data, business plans, pricing, technical specifications, and proprietary algorithms.
11.2 Obligations
Each party agrees to:
- •Use the other party's Confidential Information only for purposes of performing under these Terms
- •Protect Confidential Information with at least the same degree of care it uses for its own, but no less than reasonable care
- •Not disclose Confidential Information to third parties, except to employees or contractors who need to know and are bound by comparable obligations
11.3 Exceptions
Confidentiality obligations do not apply to information that:
- •Is or becomes publicly available through no fault of the receiving party
- •Was known to the receiving party before disclosure
- •Is independently developed without use of Confidential Information
- •Is required to be disclosed by law, regulation, or court order (with prompt notice where permitted)
12. Termination
12.1 By You
You may cancel your subscription and terminate your account at any time from Settings. Cancellation takes effect at the end of the current billing period.
12.2 By Us
We may suspend or terminate your access if:
- •You breach these Terms and fail to remedy the breach within 14 days of written notice
- •You engage in conduct that threatens the security, integrity, or availability of the Service
- •You use the Service for illegal purposes
- •Your subscription payment fails and is not resolved within 14 days
- •We are required to do so by law
For material breaches that pose an immediate risk (security threats, illegal activity), we may suspend access immediately without the 14-day notice period.
12.3 Effect of Termination
Upon termination:
- •Your right to access the Service ends immediately (or at the end of the paid period, if you cancelled)
- •You have a 30-day read-only period to export your data
- •After the read-only period, data is retained per our Privacy Policy before permanent deletion
- •Sections 5 (IP), 7 (AI Disclaimer), 9 (Liability), 10 (Indemnification), 11 (Confidentiality), 13 (Governing Law), and 14 (General) survive termination
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
13.2 Dispute Resolution
Any dispute arising from or related to these Terms or the Service shall be resolved as follows:
- •Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for 30 days
- •Arbitration: If negotiation fails, the dispute shall be resolved by binding arbitration administered under the rules of the Indian Council of Arbitration. The arbitration shall be conducted in English, in Bangalore, India
- •Exceptions: Either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitration
13.3 Class Action Waiver
To the extent permitted by law, you agree to resolve disputes on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding.
14. General Provisions
| Provision | Detail |
|---|---|
| Entire Agreement | These Terms, together with the Privacy Policy and any DPA, constitute the entire agreement regarding the Service |
| Severability | If any provision is found invalid, it shall be modified to the minimum extent necessary; remaining provisions continue in full force |
| No Waiver | Failure to enforce any provision does not constitute a waiver. Waivers must be in writing |
| Assignment | You may not assign without consent. We may assign in connection with a merger, acquisition, or sale of assets, with notice |
| Notices | Notices to you: via workspace admin email. Notices to us: [email protected] |
| Relationship | Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship |
15. Changes to These Terms
For material changes
- •We will notify workspace administrators by email at least 30 days before the changes take effect
- •We will display a notice within the Service
- •If you disagree, you may cancel before the changes take effect
For non-material changes
Clarifications and formatting updates will be reflected with an updated “Last Updated” date without separate notification.
Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Contact Us
If you have questions about these Terms:
- •Legal: [email protected]
- •Support: [email protected]
- •Privacy: [email protected]
- •Website: headcounthq.xyz