These Terms of Use (“Terms”) govern your access to and use of Present, a workforce attendance and task-management service (“Present,” the “Service”), operated by Devon Technologies Limited (“Devon Technologies,” “we,” “us,” or “our”), a company registered in the Federal Republic of Nigeria, with its office in Abuja. By creating an account, purchasing a plan, or using the Service in any way, you agree to these Terms. If you do not agree, do not use Present.
Definitions
- Business Owner (“Owner”) — the person or organisation that creates a business account, subscribes to a plan, and deploys Present to their staff.
- Staff Member (“Staff”) — an individual who checks in, completes tasks, or otherwise uses Present in connection with a Business.
- Business — a location or organisation registered on Present by an Owner.
- Account — an Owner account or a Staff account on the Service.
- Content / Data — attendance records, check-in times, GPS location captured at check-in, task records, and other information generated through use of the Service.
- QR Stand — the physical, custom-branded acrylic check-in stand purchased from us.
Who May Use Present
You must be at least 18 years old, or the age of majority in your jurisdiction, to hold an Account. By using Present you confirm that you have the authority to do so — an Owner confirms they are authorised to act for the Business they register, and a Staff Member confirms they are lawfully engaged by that Business.
The Service
Present lets an Owner register one or more Businesses and locations, deploy check-in points (via QR Stand), and receive GPS-verified staff check-ins and task updates in real time. Staff use Present to check in, complete assigned tasks, and view their own attendance record. We may add, change, or remove features over time.
We provide the Service on a best-efforts basis. We do not guarantee that the Service will be uninterrupted, error-free, or available at all times.
Accounts and Responsibilities
Owner account structure
An Owner account has three layers. First, you create a User — your login credentials (email and password, or Google Sign-In). Your email address must be verified before you can access the dashboard. Second, you complete a Profile — your personal details (name, timezone, and contact information). Third, you register one or more Businesses under your account, each with its own name, location, geofence, and shift schedule. All Businesses you create are owned by and billed to the same account.
Owner responsibilities
You are responsible for the accuracy of the information you provide, for how you deploy Present to your Staff, for obtaining any consents required from your Staff (see Section 7), and for all activity under your account and every Business registered to it. You are the data controller for your Staff’s personal data processed through the Service; Devon Technologies acts as a data processor on your behalf, except in respect of a Staff Member’s own account and personal record, over which the Staff Member retains rights described in Section 7.
Staff responsibilities
You agree to check in honestly and only for yourself. You will not check in on behalf of another person, submit false location or identity information, or otherwise misuse the Service.
Account security
You are responsible for keeping your login credentials confidential and for all activity under your Account. Notify us immediately at info@devontech.io if you suspect unauthorised use.
Acceptable Use
You agree not to:
- check in for another person, or enable, arrange, or facilitate a proxy check-in;
- submit falsified identity data;
- use the Service to harass, surveil unlawfully, or infringe the rights of any person;
- access the Service by any automated means, reverse-engineer it, or attempt to breach its security;
- use the Service for any unlawful purpose or in breach of any applicable law.
We may detect and flag suspected proxy check-ins and fraudulent activity, and we may suspend or terminate an Account that breaches these Terms.
Fees, Plans, and Payment
Software plans
Present is offered on fixed-term plans (quarterly, bi-annual, or annual). Prices are shown at the point of purchase and are payable in advance for the chosen term. Plans do not auto-renew unless stated at purchase; where auto-renewal applies, you may cancel before the renewal date.
The QR Stand
The QR Stand is a separate, one-time purchase of a physical product. Once delivered, the QR Stand belongs to you outright. Except where a Stand is defective on arrival, QR Stand purchases are non-refundable, as the Stand is a custom-manufactured physical asset you keep.
Taxes
Prices are stated exclusive of any applicable taxes unless otherwise indicated.
Non-payment
If payment fails or a term lapses without renewal, we may suspend access to the Service until payment is made.
Data, Privacy, and Your Record
Your use of the Service is also governed by our Privacy Policy, which forms part of these Terms.
What we collect
To provide the Service we process attendance records, check-in timestamps, GPS location captured at the moment of check-in only (we do not track location continuously or in the background), and task records.
Consent for Staff data
Location data is personal data, and in some cases sensitive personal data, under the Nigeria Data Protection Act 2023 (NDPA). The Owner is responsible for informing their Staff and obtaining any consent required by law before deploying Present. By using the Service, the Owner confirms it has done so.
Your record belongs to you
A Staff Member’s attendance record is their own. Staff may view, and export as PDF or CSV, the record of their own attendance. We keep each person’s record accurate to what actually happened and will not alter it on request from any party.
Data rights
You may request access to, correction of, or deletion of your personal data in line with the NDPA and our Privacy Policy, subject to any records we are required to retain by law.
The 30-Day Guarantee
We offer a 30-day money-back guarantee on your software plan (not the QR Stand), on the following terms. To qualify, you must deploy Present in good faith during the 30 days — mount your QR Stand and get your Staff checking in. If, having done so, Present has not within 30 days of your start date shown you at least one of the following, you may request a full refund of your software plan fee:
- a Staff member who came late or did not show up;
- when each of your locations opened, and whether it was on time;
- whether opening or closing tasks were completed;
- a verified record of the days and hours each Staff member was present.
To claim, contact info@devontech.io within 30 days of your start date. Refunds apply to the software plan fee only. The QR Stand, being a physical product you keep, is not refundable under this guarantee. The guarantee does not apply where you did not deploy the Service in good faith (for example, where no Staff checked in during the period).
Intellectual Property
Present, including its software, design, and brand, is owned by Devon Technologies and is protected by law. We grant you a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during your subscription. You may not copy, modify, distribute, or create derivative works from the Service.
The Data you and your Staff generate remains yours. You grant us a licence to process that Data only as needed to provide, secure, and improve the Service, and as described in our Privacy Policy.
Suspension and Termination
By you
You may cancel your plan at any time; cancellation stops future renewals. Fees already paid for a current term are not refundable except under the guarantee in Section 8. On termination you may export your Data.
By us
We may suspend or terminate your access if you breach these Terms, if payment is not made, or if we are required to by law. We will give reasonable notice where we can.
Effect
On termination, your licence to use the Service ends. We may retain and delete Data in accordance with our Privacy Policy and applicable law.
Disclaimers
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose. Present is a tool that records and reports attendance and tasks; it does not guarantee any business outcome, and it is not a substitute for your own management, legal, or employment decisions. You are responsible for how you use the information Present provides, including in any dispute or employment matter.
Limitation of Liability
To the fullest extent permitted by law, Devon Technologies will not be liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or goodwill, arising from your use of the Service. Our total liability to you for any claim arising out of or relating to the Service will not exceed the amount you paid us for the Service in the twelve (12) months before the claim arose.
Indemnification
You agree to indemnify and hold Devon Technologies harmless from any claim, loss, or expense (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Service, or your failure to obtain any Staff consent required by law.
Governing Law and Disputes
These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Nigeria. We encourage you to contact us first at info@devontech.io so we can try to resolve any issue directly.
Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will notify you by a reasonable means (such as email or a notice in the Service). Your continued use of Present after a change takes effect means you accept the updated Terms.
Contact
For any questions about these Terms:
Abuja, Nigeria