1. Terms of Service
These Terms of Service along with any other terms and policies referenced herein, and are incorporated herein by reference and form an integral part hereof, as amended from time to time (these “Terms”) constitute a legally binding agreement as of the Effective Date (as defined below), governing your access to, registration and the use of timeanalyticssoftware.com through the Sites, a mobile application or through any other means. The Terms are governing your access to, and the use of the free and paid services, software, mobile apps and websites (the “Service”) and any data, text, files, information, photos, profiles, audio and video clips, usernames, images, graphics, sounds, music works, works of authorship, applications, links, created tasks and associated information, and other materials (the “Content”) uploaded, downloaded, or appearing on our websites or mobile applications.
These Terms are between Time Analytics Ltd. (71-75 Shelton Street, Covent Garden, London, United Kingdom) (“Time Analytics”, “us”, “we”, “our”, etc.) and you, either individually, or on behalf of your employer or any other entity which you represent (“you”, “your” or “Customer”). Time Analytics may use its affiliates and related parties, including Time Analytics Ltd. (Ljube Stojanovica 5, 31000 Uzice, Serbia) including their intellectual property and third party service providers to provide the Service and process your Data (point 11 of these Terms) and/or collect payment from you.
Customer Data represents any personal information, data, file attachments, text, images, reports, and any other content, that is uploaded or submitted or otherwise made available, to or through the Service by you or any User and is processed by us on Customer’s behalf (the “Customer Data”).
You represent and warrant that: (i) you have or have obtained all rights, permissions, licenses, consents, power and/or authority, necessary to grant the rights granted herein, for any Customer Data that you submit, post or display on or through the Service; (ii) the Customer Data you submit, your use of such Customer Data, and our use of such Customer Data, as set forth in these Terms, do not and shall not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party nor violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation (the “Laws”) nor violate any of your or third party’s policies and terms governing the Customer Data; (iii) the Customer Data is in compliance with, and subject to, our Acceptable Use Policy. Other than our security and data protection obligations expressly set forth in Section 6, we assume no responsibility or liability for Customer Data, and you shall be solely responsible for Customer Data and the consequences of using, storing, disclosing or transmitting it. It is hereby clarified that we shall not monitor and/or moderate the Customer Data and there shall be no claim against us of not acting so. You agree to accept our right to perform processing of the Customer Data for the purpose of technical maintenance of timeanalyticssoftware.com.
In case you represent your employer or another entity, you hereby accept that you have full legal authority to bind your employer or such entity to these Terms and, after reading these Terms, you agree to these Terms on behalf of your employer or the respective entity, and these Terms shall bind you, your employer or entity you represent. You are deemed as authorized legal representative of your employer or another entity you represent if you are using your employer or such entity email address in registering to the Service and you are an Admin of Service. If you, access and use the Sites and/or the Service, you represent and warrant that you are at least 18 years old.
You acknowledge that these Terms are in full force and effect, binding to you and you affirm and signify your consent to these terms by registering to the Service, using or accessing the Service from the day of registration (Effective Date).
Our Terms and Privacy Policy affect your legal rights and obligations. If you are do not agree to comply with this Terms or do not have and authority to bind your employer or another entity you may represent, do not access or use our Service.
You must provide accurate information when you create your Time Analytics Account.
2. Your Account
When creating an Account or when you are added into an Account and creating your user profile (the “User Profile”), you: (i) agree to provide us with complete, current and accurate registration information about yourself or your entity; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential; (iii) agree that you are fully responsible for all activities that can occur under your User Profile and password, (and that includes integration or any other use of third party products or services in connection with the Service); (iv) undertake to notify us immediately if you become aware of any unauthorized access or use of your Account or User Profile and/or any breach of these Terms. It is considered that Any communications we receive under your User Profile have been made by you.
Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. You must be 18 years of age or older. We reserve the right to request proof of age or is the account registered by a human, in order to verify compliance with these Terms.
You acknowledge that you do not use the Service for any illegal or unauthorized purpose. You agree to comply with all regulations (laws, rules e.g. federal, state, local) applicable to your use of the Service.
Customer will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party. User is responsible and liable for any use of the Service through User’s account, whether authorized or unauthorized. We cannot be held liable for any loss, damages or expenses incurred due to User’s failure to comply with this obligation. User will be liable for all losses, damages, liability and expenses incurred by us or a third-party as a consequence of unauthorized use of the account. If you become aware of any unauthorized use of your account, you need to immediately notify us by sending an email to support@timeanalyticssoftware.com.
3. Use of the Service
You must not access, tamper with, or search any portion of the Service and/or its underlying system, network and technology, by any means other than through the interface that is provided by us in connection with the Service (e.g. scraping, spidering or crawling), unless you have been specifically allowed to do so in a separate binding agreement with us.
You must not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
You must not to disrupt (or attempt to disrupt) our infrastructure by imposing unreasonable requests or burdens on our property (using automated systems or bots to send requests to our servers)
You must not access our private API by means if those not permitted by us in written notice.
Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; take any action that imposes or may impose an unreasonable or disproportionately large load on the timeanalyticssoftware.com infrastructure or infrastructure which supports the Sites or Service; remove, deface, obscure, or alter timeanalyticssoftware.com or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without our prior written approval; encourage or assist any third party (including other Authorized Users) to do any of the foregoing.
4. Our Service
Service of Time Analytics represent the cloud-based platform which is visual tool primarily for tracking of time spent on clients, projects or tasks by its Users and reporting on time consumption offered via website platform online and included all support guides and IP use described below as well as application programming interface.
4.1. Service modification
When we say “Service” we mean making timeanalyticssoftware.com available in any version in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools. We may add, modify or discontinue any feature, functionality or any other tool, within the Service, at our own discretion and without further notice. However, if we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement on the Sites and/or via the Service or by sending you an email.
We do not warrant that the Service will perform without error or that it will run without immaterial interruption during implementation of modifications and improvements. We do not provide you no warranty regarding, and will have no responsibility to you for any claim arising out of:
- modification or maintenance made by us
- modification or maintenance made by anyone other
- use of the Service in combination with any operating system not authorized or with hardware or software forbidden by national laws.
We have no contingency on Future Releases and Improvements.
5. Registration of Account and Admins
5.2. Registration of Account
In order to make registration for the Service, you will create the Account by singing up to the Service on in the other way explicitly agreed and approved by us.
After registration either as individual or on behalf of your employer on any another entity you represent you become Time Analytics Customer.
Admin of the Account is the first User that is assigned to the Account after Registration (“Admin”).
5.3. Registration Data
When creating an Account or when you are added into an Account and when creating your Admin or User account you: (i) agree to provide us with complete, current and accurate registration information about yourself or your entity; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential; (iii) agree that you are fully responsible for all activities that can occur under your User Profile and password, (and that includes integration or any other use of third party products or services in connection with the Service); (iv) undertake to notify us immediately if you become aware of any unauthorized access or use of your Account or User Profile and/or any breach of these Terms. It is considered that Any communications we receive under your User Profile have been made by you. Customer will be solely responsible and liable for any: damages, losses, liability and expenses incurred by us or a third party due to any unauthorized usage of the Account. Unauthorized usage of the Account can be made by either you or any other User or third party on your behalf.
5.4. User Verification
To use the Service, each User must comply with these rules of acceptable use:
- User must provide complete information for registration purposes.
- User must provide accurate and up-to-date information. The User has to use accurate contact information. Using false identity is strongly prohibited.
- User will prevent any other person from using that User’s account. Use of the account by more people is prohibited.
- User must maintain the security of the account and password, and share it solely with the authorized persons
Users are fully responsible for all the activities that occur under their User Accounts.
You understand and agree that we may require you to provide information that may be used by us to confirm your identity and help ensure the security of your User Profile and your Account. In the event that you or the Admin lose access to an Account or otherwise request information about an Account, we reserve the right to request from you or such Admin any verification we deem necessary before restoring access to or providing information about such Account.
5.5 Admins of the Account
When we say “Admin” we are referring to the User who is either the creator of the Account (the person who created the workspace of the Service) or regular admin (who is added to Admin’s user group).
Admin has the maximal rights for the use of the Service, compared to other Users.
The Admins of an Account are deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of Customer. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Customer Data. You also acknowledge that your Account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered.
5.6. Users
User is any person who is registered into Account including Admin and other Users (“Users”).
Any functionality of the Service available to the Users is assigned and determined by the Admin to the other Users.
Admin or other authorized user (altogether “Authorized Users”) may disable or delete another User or add/invite new Users.
5.7 Authorized Users
Customer is solely liable and responsible for understanding the settings, privileges and controls for the Service and for controlling whom Customer permits to become a User and what are the settings and privileges for such User (e.g. adding of new Users). Customer is responsible for the activities of all of its Users. Customer acknowledges that any action taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.
6. Intellectual Property Rights
The Service and Site timeanalyticssoftware.com, inclusive of all its materials (software, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials etc), names, logos, trademarks and services marks (excluding Customer Data), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing, are the property of timeanalyticssoftware.com and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties.
As between you and www.timeanalyticssoftware.com retains all right, title and interest, including all intellectual property rights, in and to the www.timeanalyticssoftware.com.
Customer acknowledges and accepts that www.timeanalyticssoftware.com has the right to use Customer’s name and logo to identify Customer as a customer of timeanalyticssoftware.com or User of the Service, on timeanalyticssoftware.com’s website or otherwise by public announcements. Customer may revoke such right, at any time, by contacting support@timeanalyticssoftware.com.
Subject to the terms and conditions of these Terms, and your compliance thereof, and specifically in strict compliance with our Acceptable Use Policy, we grant you a limited, non-exclusive, worldwide, non-transferable right to access and use the Service and Sites, during the applicable Subscription Term, solely for Customer’s internal purposes.
Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; take any action that imposes or may impose an unreasonable or disproportionately large load on the timeanalyticssoftware.com infrastructure or infrastructure which supports the Sites or Service; remove, deface, obscure, or alter timeanalyticssoftware.com or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without our prior written approval; encourage or assist any third party (including other Authorized Users) to do any of the foregoing.
6.1. Feedbacks
As a Customer of the Service you may provide and send us content, information, ideas, suggestions, reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to us via our Service, our sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted or offered in connection with your use of this Service ( “Feedbacks”).
Such Feedback is deemed an integral part of the Service itself, and as such, it is the sole property of us without restrictions or limitations on use of any kind. We may either implement or reject such Feedback, without any restriction or obligation of any kind. You represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; irrevocably assign to us any right, title and interest you may have in such Feedback; and explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights, worldwide, in or to such Feedback.
You grant us a royalty-free, irrevocable, transferable right and license to use the Feedbacks however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such Feedbacks and/or incorporate such Feedbacks into any form, medium, or technology throughout the world.
6.2. Use of API
We may offer an application programming interface that provides additional ways to access and use the Service (“API“).
Such API is considered a part of the Service, and its use is subject to all these Terms. Based on this Terms, you may only access and use our API for Customer’s internal business purposes, in order to create interoperability and integration between the Service and other products, services or systems you and/or Customer use internally. When using the API you should follow our relevant developer guidelines.
If You integrate with us using our API, You must use efficient programming, which will not cause an excessive number of requests to be made in too short a period of time, as determined solely by us. If this occurs, we reserves the right to throttle your API connections or suspend or terminate your Service account.
You retain your ownership rights in your Application and we own and will continue to own our APIs, documentation and Services, including all related intellectual property rights therein. All of our rights not expressly granted by the Contract are hereby retained.
You may terminate the Contract by discontinuing use of our APIs. We may terminate the Contract with or without cause, and without notice to you. Upon termination of the Contract, all rights and licenses granted to you will terminate immediately. You understand that any APIs or documentation that are not made generally available but that are otherwise made available to you are the confidential information of Slack. Upon termination of the Contract, you will promptly destroy copies of any documentation and any other Slack information in your possession or control that was received under the Contract.
7. Security and Privacy.
7. 1. Security
We take data security seriously at Time Analytics. Our servers are hosted in a world class data center that is protected by 24-hours surveillance and we ensure that our application is always up to date with the latest security patches.
We will not misuse any of the information you have provided to us.
We don’t publicize exactly what services, features, and data center we use for security reasons, but we can give you a brief overview of how we make sure your data is safe.
All Cloud servers are run from own virtual private clouds (VPCs), with rules that prevent unauthorized requests from entering our network.
Our infrastructure is hosted in a fully redundant, secure VPN environment, with access restricted to operations support staff only. This way we can leverage complete firewall protection, private IP addresses, and other security features. Your company-specific data inside the system is kept separate through a logical separation at the data tier, based on application-level access permissions and roles you set up in your workspaces.
Our system is constantly monitored. We get reports in real time so we can instantly react in case a potential issue arises. We constantly monitor security, performance and availability. We prioritize, resolve, and deploy discovered security issues quickly after discovery. Because we follow Continuous Delivery and Deployment best practices, we can update timeanalyticssoftware.com on a daily basis and fix things as soon as we see them.
We will never access your data unless it is required for support reasons.
7.2. Privacy Policy.
We believe in full transparency, which is why we keep our Privacy Policy simple and easy to understand.
We may collect, access, use and share certain Personal Data from, and/or about, you. For more information please read our Privacy Policy. Please note that this Privacy Policy applies to personal data that is collected and processed by Us or our affiliates. This Privacy Policy is a part of these Terms. We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree with it. If you do not agree to this Privacy Policy, please do not access or otherwise use the Website.
The Website may contain links to other websites, owned by other legal or natural persons. Each of these websites has its Terms of Use and Privacy Policy on handling personal data, which may differ significantly from those which are applied to the use of this Website
8. Free trial
We sometimes offer a free trial period of the Service.
We may require a User to have a valid payment instrument, (e.g. credit card or other permitted payment method) before using the Free Trial. In this case, we may validate that payment method. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, You may have received as part of the Free Trial.
The term of the Trial Service shall be as communicated to you, within the Service or on our Website in the moment of your Sing up to the Service, unless terminated earlier by either Customer or us, for any reason or for no reason.
We reserve the right to modify, cancel and/or limit this Trial Service at any time and without liability or explanation to you.
In a case, Free trial expires, and you would not select your Subscription Plan, Time Analytics will not charge any fee to you. After Free-trial expires, you will not have any obligation toward Time Analytics LTD.
The User will not be eligible to participate in any Free Trial in relation to which the User has already been subscribed to any Paid Plan. If you want to continue using Time Analytics after the expiration of the trial or the extended trial you will need to purchase a plan you prefer.
Once your initial trial expires and you haven’t picked one of the Subscription plan, all rights and obligations under this agreement cease, except the one from the previous paragraph and GDPR.
All clauses of these Terms that refer to the period after the customer executes the Purchase order also apply to the Trial period.
9. Subscription, payment fees and billing
9.1. Purchase Order
Customer orders Services via Purchase order.
When you purchase your order, you agree that you accept these Terms.
Anyone who subscribes to the Service or anyone who permits or causes another person to make an order on their behalf will be liable for the payment arising from such order. The same rules will apply to anyone who orders a free trial.
When you purchase your order, you will be required to enter data necessary for the use of the Service as well as for the payment.
Our order form may be completed and placed in various ways such as online form or in-product forms or any other form available on timeanalyticssoftware.com, or delivered by Us in any electronic or physical delivery mechanism.
9.2 Subscription Term
The Service is provided based on the data specified in your Purchase Order Form and in accordance with our Pricing. We reserve the right to determine the appearance of the Order form, the necessary data to be entered in the Order form as well as the right to process such data in order to provide the Service.
By using a Service at timeanalyticssoftware.com you may choose the paid Service or free trial of the Service.
Paid Service is based on our Pricing Plan.
If you choose the paid Service, after you make an order and choose a payment method, you will be forwarded to complete the payment process. After sucessfully completed payment process, you acquire the right to use the Service you have chosen. You can choose the Paid Service for one or more monthly periods, for an annual period or for an unlimited period while we provide Time tracking Services.
If you purchase the Service, you agree that your purchase of the ordered Service will be automatically renewed after the end of paid period, for the next same one, without limitation how many times our Service will be renewed.
You can cancel your subsription at any time. Time Analytics will stop the auto-renewal of your subscription and the service will be terminated at the end of your current subscription period (e.g. month or year). You will be able to use Time Analytics until end of subscription period. Accordingly, no refund is possible for the period between date of cancelation and date of the end of subscription period.
When you use a paid Service or a free trial version of the Service, you can choose another type of Service with a new subscription according to the Pricing Plan. When you choose a different type of Service than the one you used, you are deemed to have chosen the new service from the time you subscribe and from that time you will be charged for it.
You also agree that we may charge you for each period of use of the Service (including the automatically renewed period of the Service), until you explicitly inform us that you will not continue to use the Service or cancel your service.
By choosing free trial, you Time Analytics will not charge any fee to you. After Free-trial expires, you will not have any obligation toward Time Analytics LTD.
When submitting the order form, you expressly consent to these Terms, the Privacy Policy, our pricing and all our policies and legal and operational documents. You also agree that we have the right to change our business policy and prescribed terms of use of the Service from time to time.
9.3 Subscripton Fees
We reserve the right to determine the prices of the Service.
Any price may change at any time and will become binding on the Client starting from the next, or automatically renewed, period of using our Services.
When you use a paid Service or a free trial version of the Service, you can choose another type of Service with a new subscription according to the Pricing Plan. When you choose a different type of Service than the one you used, you are deemed to have chosen the new service from the time you subscribe and from that time you will be charged for it.
Customer shall pay us the applicable fees for a purchase order („Subscripton Fee“), as set in the applicable Order Form. Your hereby authorizes us, either directly or through our payment processing service or our affiliates, to charge such fees via selected payment method, upon due date. Unless expressly set forth herein, fees are non-cancelable and non-refundable. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion retry to collect at a later time, or suspend or cancel the Account, without notice. Subscripton Fee is calculaded as the number of active (enabled) users at Customer Account multiplied by the price per user/month that is stated in the Subscription plan for the relevant Subscription term.
You only pay for the users (team members) marked as Enabled in your Service. If User leaves the company or you do not want to track their time simply mark them as Disabled. Once the user is disabled or deleted it is not counted for billing. The data associated with the deactivated or deleted user will be retained.
9.4 Upgrade or Downgrade
You can upgrade or downgrade your Subrscripon Plan.
Upon a Subscription Upgrade, Customer will be billed for the applicable increased amount of Subscription Fees, per our current Subscription Fees.
If you’re paying monthly your price will be adjusted (for both, upgrade and downgrade) immediately. The new license starts on the day you upgrade or downgrade your plan.
If you are paying annually you can upgrade to a new plan at any moment and your costs will be adjusted.
For example, you are on the Starter plan which costs $400 for all users when paid annually. Let’s assume that the Optimum plan costs $600. If your annual billing period started in January and you upgrade to Optimum plan in June, the amount to pay for the upgrade will be $100 ($600/2 – $400/2).
If you are paying annually you can downgrade to a new plan, but your costs are reduced from the next subscription period after your annual subscription expires.
9.5 Increase or Decrease number of Users
Customer acknowledges that new Users within the same email domain will be able to automatically join the Account and Users within Customer’s Account with relevant permissions may invite other persons to be added to the Account as Users.
If you are paying the monthly license, your price will be adjusted immediately, considering the change (increase or decrease) in user number.
If you are paying annually, and want to add new users you will pay the fee for the new users, and only for the months until the initial yearly license expires. For example, you are paying the annual license which costs $50 per user. If your annual billing period started in January and you added a new member in June, the amount to pay for the new user will be $25.
If you are paying annually, and want to decrease the number of users new billing will be applied after your previously paid annual license expires. In this case, the costs will be reduced starting from the next subscription period.
9.6 Switching from yearly to monthly Subscription Plan or vice versa?
If you’re paying monthly, you can switch to the annual payment plan at any time. In this case, you need to pay the license for the next 12 months (and will get a discount for the annual payment).
If you are paying annually, you can switch to the monthly plan only after your annual license expires.
9.7 Taxes
The Subscription Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale (“Taxes”), except for Taxes imposed on our income.
You are obliged to pay any type of tax considering the tax legislation of your country (e.g. withholding tax). In the case you may be exempted from taxes considering double taxation treaties between countries, we can send our tax residency certificate by email request.
9.8 Excessive Usage
If we at our sole discretion, believe that Customer and / or any of its Users, have misused the Service or use the Service in an excessive manner compared to the anticipated standard use, we have the right to charge a particular Client for such use at a special, subsequent price list, similar to the damage and / or costs incurred by us.
We also reserve the right to freely impose additional restrictions as for the upload, storage, download and use of the Service, including, without limitation, network traffic and bandwidth, size and / or length of content, quality and / or format of content , sources of content, volume of download time, etc.
If You integrate with Us using our API, You must use efficient programming, which will not cause an excessive number of requests to be made in too short a period of time. If this occurs, we reserves the right to throttle your API connections or suspend or terminate your use of the Service.
9.9 Billing
As part of registering, or submitting billing information Customer agrees to provide us with accurate, updated, and complete needed information. Customer authorizes us (either directly or through our affiliates) to charge, request and collect payment from Customer’s payment method or designated bank account, as well as to do all in order to ensure prompt payment, including for the purpose of receiving updated payment details from Customer’s credit card company or banking account. We may suspend or terminate your use of the Service if fees become past due. Paid fees are non-refundable.
9.10 Subscription Auto-Renewal.
In order to ensure that Customer will not experience any interruption or loss of services, Customer’s Subscription includes an automatic renewal by default. According to such automatic renewal, unless cancels its Subscription prior to its expiration, the Subscription will automatically renew upon the end of the Subscription Period.
Automatic renewal is for the same Subscription period in the future as the original Subscription period, and at the same Subscription fees, unless the Customer has been previously notified of the price change.
As Customer you can cancel the subscription at any time.
We will stop the auto-renewal of your subscription and the service will be terminated at the end of your current subscription period (e.g. month or year). You will be able to use Time Analytics until end of subscription period. Accordingly, no refund is possible for the period between date of cancelation and date of the end of subscription period.
If Customer wishes to avoid such auto-renewal, Customer shall cancel its Subscription prior to its expiration, at any time through the Account settings or by contacting our Support team.
9.11 Discounts
Time Analytics may decide to grant Customer discount based on quantity in Users. Discount can be granted for large teams and the amount of the discount is determined for each customer individually, based on a special agreement between the Customer and Time Analytics in writing.
9.12 Refunds
We stand behind our products and your satisfaction with them is important to us. However, because our product is offered in free trial period, we trust you will have enough time to discover and apply our solution as well as to decide whether it meets your expectations. As a result, after you purchase a license, we do not offer a refund i.e. our fees are non-refundable.
It the Subscription Plan is terminated or varied mid-billing period, the Customer will not be entitled to any refund as concerns that billing period.
Executed payments attributable to future billing periods will not be refunded unless otherwise explicitly agreed.
9.13 Chargeback.
If, at any time, we record a decline, chargeback or other rejection of a charge of any due and payable Subscription Fees on Customer’s Account (“Chargeback”), this will be considered as a breach of Customer’s payment obligations and Customer’s use of the Service may be disabled or terminated.
Such use of the Service will not resume until Customer re-subscribes for any such Service, and pay any applicable Subscription Fees in full, including any fees and expenses incurred by us and/or any Third Party Service for each Chargeback received.
9.14 Payment processors
The Customer acknowledges that: the Supplier is not responsible for these parties or their services and has no liability as concerns payment processing; his payments are handled by third-party service providers; late payment may result in the suspension of Service, restriction of access to certain or all of the Features, or the termination of the Agreement.
9.15 Ovedrue fees
Our fees are due upot you Registration at the moment you submit your Purshase order form. In a case you get access to the Service after filling your Purchase order, but payment is failed or not processed from any other reason, it will be considered you have overdue amount toward us. Time Analytics may charge the interest on overdue amounts at 10% per annum.
10. Termination
10.1 Termination
This Terms and Conditions between Time Analytics and Customer can be terminated by closing/cancellation the Customer’s Account in our Service.
We may suspend or terminate your account(s) or cease providing you with all or part of our Services at any time without liability to you for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) you have a free account that has not had significant activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration, or (iv) our provision of our Services to you is no longer commercially viable or (v) you have overdue fees to us more than 15 days.
If we terminate your access to the Service, your Content and all other data will no longer be accessible through your account.
We may terminate this Agreement at any time, for any reason, with 30 days written notice.
10.2 Effects of Termination
Customer acknowledges that 1) Customer Data and other information associated with the Account may be deleted or become unavailable, 2) Customer will receive no refund or other compensation for any unused time in Service.
In the event that Customer did not delete the Customer Data from the Account, we may continue to store and host it until either Customer or we, at our sole discretion, delete such Customer Data, and during such period, Customer shall still be able to make a limited use of the Service in order to export the Customer Data (the “Read-Only Mode”), but note that we are not under any obligation to maintain the Read-Only Mode period, hence such period may be terminated by us, at any time, with or without notice to Customer, and subsequently, the Customer Data will be deleted. Customer acknowledges the foregoing and its sole responsibility to export and/or delete the Customer Data prior to the termination or expiration of these Terms, and therefore we shall not have any liability either to Customer, nor to any User or third party, in connection thereto.
11. Customer data
Customer Data is any data, text, images, reports, personal information, file attachments or any other content, that is uploaded or submitted to the Service by you or any User and is processed by us on Customer’s behalf (the “Customer Data”). Customer retains all rights and control to the Customer Data, in the form submitted to the Service. Customer grants us a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display the Customer Data, and solely to the extent that reformatting Customer Data for display in the Service constitutes a modification or derivative work. The afore-mentioned license is hereby granted solely: (i) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these Terms (ii) to maintain and provide you the Service; (iii) to comply with a valid legal subpoena, request, or other lawful process; and (v) as expressly permitted in writing by you; (iv) to prevent or address technical or security issues and resolve support requests.
Customer Data Compliance Responsibility.
You warrant that you have all rights, licenses, consents, permissions, power and/or authority, necessary to grant the rights granted herein, for any Customer Data that you submit, post or display on or through the Service as well as that your Customer Data is in compliance with this Terms.
Further you warrant that Customer Data you submit do not and shall not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation.
You shall be solely responsible for Customer Data and the consequences of using, disclosing, storing, or transmitting it.
You shall not submit to the Service any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any similar legislation or regulation in other jurisdiction; (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in other jurisdiction.
12. Confidentiality
Confidentiality reffers to Confidential Information – following information that one party to this Agreement discloses to the other. It includes any document marks “Confidential”; any information orally designates as confidential at the time of disclosure; any object code and source code disclosed by TimeAnalytics together with all Documentation and any names of actual or potential customers disclosed by Client, whether or not marked as confidential; and any other non-public, sensitive information recipient should reasonably consider a trade secret or otherwise confidential.
Notwithstanding the foregoing, Confidential Information does not include information that is in Recipient’s possession at the time of disclosure; is independently developed by Recipient without the use of or reference to Confidential Information; becomes known publicly, before or after disclosure, other than as a result of recipient’s improper action or inaction; or is approved for release in writing.
The contractual sides shall not use confidential Information for any purpose other than to facilitate the transactions contemplated by this Agreement during the term of the Agreement and 10 years after its termination.
13. Warranty Disclaimer
Any our warranty regarding the website,service or software or third party not expressly stated herein shall be deemed withheld.
User is solely responsible for any damage may suffer resulting from the use of the service. No oral or written information or advice given by us or its authorized representatives shall create a warranty or in any way increase the scope of our obligations.
Without prejudice to the generality of the previous provisions, we do not warrant that:
(a) the Service will meet User’s specific requirements nor that the Service will be fit for purpose, unless we and a User agree on customization of the service in a separate agreement
(b) the Service will be uninterrupted, timely, secure, error-free or of satisfactory quality,
(c) the results that may be obtained from the use of the Service will be accurate or reliable,
(d) any errors in the Service will be corrected.
We make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Service and Software.
Without limiting the foregoing, TimeAnalytics is not designed or licensed for use in hazardous environments requiring fail-safe controls (for example, aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of the Software could lead to death, personal injury or physical and environmental damage (‘High-Risk Activities’).
In connection to Cloud we use, we reserve the right (but has no obligation) to do any of the following, at any time:
(1) to modify, suspend or terminate operation of or access to the service, or any part of the Service or any feature for any reason,
(2) to modify, change, upgrade any part of it,
(3) to interrupt the operation or any part of it, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
14. Limitation of Liability and Waiver
To the maximum extent permitted by the applicable law, we or our suppliers, employees and representatives shall be liable in no event for:
(1) any loss, damage, expense or other harmful consequences resulting from anyone’s use or inability to use the service;
(2) any installation, implementation, customization or modification of the Software not carried out by us;
(3) any failure to apply available update, service pack, fix or upgrade that would have avoided the harmful event;
(4) any unauthorized access to the service;
To the maximum extent permitted by applicable law shall we or our suppliers, employees and representatives be liable in no event for for: any indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected:
— with the use of the service,
— with the delay or inability to use of the service,
— with information, website, software, service and related graphics, whether based on contract, tort, negligence, strict liability or otherwise.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Timeanalytics and you. You understand that the website, service and software would not be provided without such limitations.
Some countries do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you and you may have additional rights. Nevertheless, if any portion of these sections is held to be invalid under the applicable law, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
15. Indemnification
You agree to indemnify and hold us harmless from any and all demands, losses, liability, claims or expenses made against us by any third party due to or arising out of or in connection with your use of the service.
In addition, in relation to server, Client shall defend, indemnify and hold harmless us, officers, directors, employees, contractors, agents and representatives from and against all claims made by, and all damages, liabilities, penalties, fines, costs and expenses payable to, any third party, which arise from Client’s or its End User’s:
(a) breach of this Agreement;
(b) use of the Service;
(c) processing of User’s personal data;
(d) contributions to the Service; or
(e) infringement of any Intellectual Property Rights or any proprietary or personal right.
16. Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose.
17. Governing Law
17.1 Governing Law; Jurisdiction.
This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the Laws of the Repubic of Serbia, without regard to its conflict of laws rules.
17.2 Arbitration
We and you agree to the following procedure:
in the event of any controversy, claim, action or dispute arising out of or related to this Agreement (breach, enforcement, interpretation, or validity of this Agreement), service or any other dispute between you and us), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party.
We and you agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration or filing any claim against the other party.
Failing to resolve the dispute as described, any claims arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by Serbian law. The seat of arbitration shall be in the Republic of Serbia.
If the above agreement, with respect to arbitration, proves to be void or unenforceable, all disputes to which it was intended to apply shall be subject to the exclusive jurisdiction of the competent court in the Republic of Serbia.
18. Terms Violation by Customer
Violation of these Terms may, in our sole discretion, result in termination of your account. We reserve the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law.
In case we reasonably suspect that the Customer Data, Public User Submission or any of your activities, or use of the Service, are in violation of these Terms, we may remove such violating Customer Data or Public User Submission and terminate or suspend your Account or your access to the Service, with or without advance notice and without liability for us.
19. General provisions
19. 1 Use Customer name in marketing materials
Customer acknowledges and accepts that We have rights to use Customer’s name and/or logo to identify you as a customer of Time Analytics on our website, marketing materials or otherwise by public announcements. Customer may revoke such right at any time, by contacting us on support@timeanalyticssoftware.com.
19. 2 Terms and Conditions Modifications
We may occasionally make changes to these Terms for valid reasons, such as adding new functions or features of the Service, adjustments, typos or error fixing of the service itself, either for legal or regulatory reasons or for any other reasons we deem necessary, at our sole discretion. Your continued use of the Service after the changes have been implemented will constitute your acceptance of the changes.
19.3 Force Majeure.
Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting, shortages, strikes, riots, war, fires, terrorism, and governmental action.
19.4 Notice.
All notices to us shall be provided to the address support@timeanalyticssoftware.com
We may give notice to you/User via email address associated with the User Account.
We also can use your contact details that we have in our other records. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Service, shall be provided as follows: via the Service posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or overnight courier.
You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing.
19.5 Export Controls, Sanctions and territorial restrictions.
You acknowledge and confirm that you are not located or use, export, re-export or import the Service (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the export controls; that you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive economic or trade sanctions, or otherwise the target of sanctions.
We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
19.6 Assignment.
These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval.
These Terms of Use are effective as of January 21st 2023.