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§ LEGAL · TERMS OF SERVICE

Terms of Service

Version 2026-06-01. This document is a plain-language contract, not legal advice — have counsel review it against your state's requirements before you rely on it in a dispute.

1. The service

Checkmate Payroll provides payroll calculation, tax withholding computation, time and attendance tracking, HR document storage, and client-billing tooling for United States businesses. Checkmate is a software provider. It is not a bank, not a licensed money transmitter, and not your employer of record. You remain the employer, the tax filer of record, and the party legally responsible for paying your people correctly and on time.

2. Your account

You are responsible for the security of your credentials and for every action taken under your login. Sharing an administrator login is a breach of these terms. Multi-factor authentication is available and strongly recommended for any account with payout authority.

3. Dual-Fuel funding — your responsibility

Instant rail — business debit card. When you arm a business debit card, eligible employees are paid by instant payout. You warrant that you are an authorized signer on that card, that sufficient funds are available at the moment of the run, and that the card supports instant payouts. Instant delivery carries a processor convenience fee, currently 1.5% with a $0.50 minimum per payout, which is absorbed by your business and itemized on the sign-off screen before you authorize the batch. Employee net pay is never reduced by this fee. Once an instant payout is accepted by the card network it is irreversible.
Standard rail — linked bank account (ACH). When you fund by ACH you are responsible for maintaining a sufficient balance for the full net pay plus any employer taxes for the entire clearing window. You authorize Checkmate and its processors to debit the linked account for the amounts shown on the authorized run.
In both cases funding is your obligation, not ours. Checkmate does not advance, float, guarantee or underwrite payroll. Insufficient funds, a declined card, a closed account, an expired authorization, a bank hold or a processor risk review may cause a payout to fail or reverse. Returned-item fees, overdraft charges, late-payment penalties and any wage-and-hour exposure arising from a failed funding instruction are yours. You agree to monitor the funding health indicator and the coverage warning shown before sign-off, and not to authorize a run you cannot fund.

4. ACH clearing timelines

ACH is a batch network with published settlement windows, not a real-time system. Standard transfers are initiated on the next banking day after authorization and typically settle in approximately 48 hours (two banking days), and may take longer across weekends, federal banking holidays, or when a receiving institution places a hold. Timelines shown in the application — including the countdown in the Funding Health indicator and the availability timestamps in the Cash Flow Drawer — are good-faith estimates based on network norms, not guarantees.

You are responsible for authorizing payroll early enough to hit your pay date. Checkmate is not liable for a late paycheck caused by authorizing a run inside the clearing window, by a bank holiday, by a receiving-bank delay, or by a processor review. Instant payouts settle in minutes but only for eligible debit-card destinations; anyone without an eligible card is paid on the standard rail and is subject to the timelines above.

5. Manual check entries and off-platform payments

When you record a payment as a manual check, cash, or any other off-platform method, Checkmate performs no verification whatsoever. We do not confirm that a check was written, signed, delivered, negotiated, honoured or correctly dated. Such entries are bookkeeping records that you assert to be true. You are solely liable for the accuracy of manually entered payment records and for any consequence of an inaccurate one, including duplicate payment, non-payment, stop-payment costs, check fraud, escheatment obligations, misfiled tax returns, and wage-claim exposure. Checkmate's liability for a manual check entry is expressly limited to correcting the record on request.

6. Financial and tax accuracy

Payroll math — federal and state withholding, FICA, local taxes, benefits and garnishments — is computed deterministically from the data you enter and from published rate tables. Rate tables are maintained on a best-effort basis and some future-year figures are provisional estimates, labelled as such in the product. You are the tax filer of record and must review pay stubs, filings and rate assumptions with a qualified CPA. Checkmate does not remit taxes on your behalf unless a separate written agreement says so.

7. Data retention

Records are retained for seven years, then flagged for reviewed deletion, as set out in our Data Retention Policy, which forms part of these terms.

8. AI disclosure

Checkmate uses machine-learning models for the AI Office Manager, Billing Concierge grouping and the Buddy support chat. AI output is advisory only; every payroll figure and filing is computed deterministically. You are responsible for reviewing AI output before it reaches an employee, client or tax authority.

9. Limitation of liability

To the maximum extent permitted by law, Checkmate is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, nor for lost profits, lost goodwill, or missed payroll deadlines arising from user error, incorrect or incomplete data entry, insufficient funding, manual check entries, or a third-party outage or decision at Stripe, Plaid, Twilio, Resend or any financial institution. Our maximum aggregate liability for all claims is limited to the subscription fees you paid in the twelve months preceding the claim. Nothing here limits liability that cannot lawfully be limited.

10. Termination

You may close your account at any time from Settings → Right to be Forgotten. We may suspend an account that breaches these terms or that is used to process fraudulent payments. Suspension is not a refund. Records we are legally required to retain survive termination for the retention period.

11. DMCA

Copyright notices go to legal@checkmatepayrolls.com with your signature as rights-holder or agent, the asset path, a description of the work, your contact details, a good-faith statement that the use is unauthorized, and a statement under penalty of perjury that the notice is accurate. We act promptly under 17 U.S.C. §512(c) and handle counter-notices under §512(g).

12. Governing law

These terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules.

Checkmate Payroll

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Checkmate uses AI-assisted automation for the Office Manager (workflow suggestions), Billing Concierge (packet grouping), and Checkmate Buddy (support chat). AI outputs are for admin review only — payroll decisions and financial numbers are always deterministic and human-approved.

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