Terms of Service

These terms are between you and Preston Dale Ferguson, who operates WhereWise as an individual (“WhereWise”, “we”). By creating an account or using the service you agree to them. If you do not, please do not use the service.

WhereWise records when you arrive at places you have designated as your office, and measures that against an attendance policy you configure yourself. It is a personal tool for your own information.

It is not a payroll system, a timekeeping system of record, an HR product, or a compliance product. It has no relationship with your employer and produces nothing your employer is obliged to accept.

Do not rely on WhereWise as your only record of attendance in any situation with consequences.

Automatic arrival detection depends on your phone’s operating system waking the app when you cross a boundary. That is outside our control and it is not guaranteed. iOS and Android may delay a crossing, deliver it in the wrong order, or not deliver it at all — because the battery is low, permission was changed, background refresh was switched off, location was unavailable indoors, or for no reason the app is ever told.

The service therefore may miss days you were present, and in unusual conditions may record a day you were not. Whether a given day “counts” also depends entirely on the policy you configured, which may not match the policy your employer actually applies.

Records can be added and corrected by hand for exactly this reason. If attendance matters to your job, treat WhereWise as a convenience that helps you keep track, and keep whatever record your employer recognises.

You are responsible for keeping your password to yourself and for activity under your account. Tell us promptly at preston.ferguson@icloud.com if you believe someone else has access to it. Provide an email address you actually control — it is the only way to reach you or to recover access.

You agree not to:

Use WhereWise to track the location of anyone other than yourself, or to place office areas in order to monitor another person. Attempt to access another user’s account or data. Probe, scan, or attack the service, or attempt to defeat its rate limits. Use automated means to create accounts or submit falsified location data. Resell or redistribute the service. Use it for anything unlawful.

WhereWise is provided as-is and may be unavailable at any time, with or without notice, for maintenance, for reasons outside our control, or because it is a personal project run by one person. No uptime is promised. Features may change or be removed.

If the service is ever discontinued, reasonable effort will be made to give notice and an opportunity to export your data first.

Your attendance records, office areas and settings remain yours. We claim no ownership of them and will not use them for any purpose beyond providing the service to you, as described in the Privacy Policy.

The WhereWise name, its software and its design remain ours. Using the service does not transfer any rights in them to you.

You may stop using WhereWise and request deletion of your account at any time. We may suspend or terminate an account that breaches these terms, or that is being used in a way that risks harm to other users or to the service.

To the fullest extent permitted by law, WhereWise is provided without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

To the fullest extent permitted by law, WhereWise and its operator will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, employment, earnings or data, arising out of your use of or inability to use the service — including any consequence of an attendance record being missing, inaccurate, or disputed by anyone.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. Where that is the case, the above applies only to the extent permitted, and nothing here limits liability that cannot lawfully be limited.

These terms may be updated. If a change materially affects your rights, notice will be given before it takes effect. Continuing to use the service after that means you accept the updated terms.

These terms are governed by the laws of the State of Utah, United States, without regard to its conflict of law rules. Nothing here removes any protection you have under the mandatory consumer law of the country where you live.

Questions about these terms: preston.ferguson@icloud.com.