“We”, “us” and “our” refers to the company Time Analytics LTD, which is the owner of the website www.timeanalyticssoftware.com (hereinafter: “the Website”).
“You”, “your” refers to entity that acquires the License, uses the Website and the Services on the Website, for the entity or for the natural persons within the work organization of the entity.
Please read these Terms and Conditions carefully.
When we say “User” we are referring to the user the License on our Website.
When we say “Admin” we are referring to the User who is either the “Owner” (the person who created the account on the Website) or “Regular admin” (anyone who is added to Admin’s user group).
When we say “License” we mean the right to use Time Analytics Website i.e. the Services on the Website in any version in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools.
When we say “Client” we mean user who uses a full or partial License, natural person or legal entity.
When we say “Enterprise” we mean a User/Client which is a legal entity.
When we say “Pricing Plan” we refer to the description of a set of features which Client can subscribe, available here.
When we say “Content” we mean all features and technical resources available to users if the Website and the License.
WHO CAN USE TimeAnalytics?
The License is solely intended for those who have full legal capacity.
If you are a natural person, you need to be at the age of majority to be able to use the License. Legal age depends on the national legislation applicable to the User. By using the License, you confirm that you are of legal age. If you are not at the required age, please stop using the License.
An Admin must ensure that any Client, who is a natural person, has full active legal capacity.
The License is primarily aimed at businesses and companies.
If you are an individual User, or are accessing the Licenses, or are otherwise browsing the Website, this Agreement is between you, individually, and us.
If you enter this Agreement on behalf of Enterprise, you warrant that:
- You have the full legal authority to bind the Enterprise to this Terms and conditions
- You have read and understood the Terms and conditions;
- You represent that you have the Enterprise’s permission and authority to use the Enterprise’s user content;
- You agree to Terms and conditions on behalf of the Company you represent.
Please note that, if you subscribe for a certain Pricing plan by using an email address from the Enterprise, you will be deemed to represent such Party and the word “User” or “You” in these Terms and conditions will refer to such Enterprise.
Subscribers on behalf of the Enterprise and the authorized Users of the Enterprise are jointly responsible for the authorized Users’ use of the Licenses.
The Client is responsible to ensure that the User respects these Terms.
User shall be bound by this Agreement in any of the following situations, whichever occurs first:
- Upon creating a User account creating.
- If User agrees to or is deemed to have agreed to the Agreement.
- If Client makes payment for the license for the License.
We may update these Terms at any time.
If you use our License, you are cautioned to review the Terms on the Website periodically.
Any changes shall enter into force upon being published on the Website. Your continued access or use of the Website after any such change will constitute your acceptance of these changes. If you do not agree to the new terms of Agreement, and you have not subscribed to any of the Pricing plans, you must stop using our License. If you are subscribed to any of the Pricing plans, the existing Agreement will continue to be valid until the expiration of the current Pricing plan.
By accepting these Terms, you agree to this electronic contract.
Also, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy your national legal requirement.
The License (including but not limited to the original source code, Website copy, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or License marks, any customized work and other related materials) we provide to you is protected by our Intellectual Property Rights.
Any use of our content or downloading content in part or whole is permitted only by our written consent.
AUTHORIZATION TO USE
The authorization to access enables:
- Admin: the right to use the Free Plan of the License in accordance with the Agreement or to use extra Features in accordance with any Pricing plan and to provide a limited set of its rights to the user.
- To the User: the right to access and use their User Account in accordance with the Agreement and any Pricing plan, whose benefits the Admin is entitled to enjoy.
- To the Enterprise: the right to use Features for the agreed number of active users conditioned with the payment in accordance with the Price Plan.
- Any other use of the License, not specifically mentioned in this Agreement, by any User, is forbidden.
You may not:
Publish, copy, rent, lease, lend, sell, create derivative works or transfer in any way the License or any content of the Website or Licenses distribute, transmit or publish the License or site code, Website or Licenses attempt to access or derive the source code, decompile, or disassemble the codes, or attempt to do so when using Internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any License, data, account, or network, in an unauthorized manner.
By creating User Account you can start your Free Trial. You may choose to switch from the Free Trial to any Pricing plan at any time.
Anyone who subscribes to any Pricing plan or anyone who permits or causes another person to make an order on their behalf will be liable for the payment arising from such a subscription. The same rules will apply to anyone who permits to be designated as a payer for a Pricing plan.
Pricing plan is connected to each Enterprise.
According to the Pricing plan, License can be subscribed on an annual basis (“Annual license”) or as a lifetime license.
An annual license will be charged at the moment of choosing the license and paid on a monthly or annual basis.
If the Annual license will be paid on monthly basis, the account of the Client will be charged instantly when choosing a License, according to the pricing plan, but only proportionally for one month in the amount prescribed in Pricing plan.
If the Annual license will be paid on an annual basis, the account of the Client will be charged instantly when choosing a License, according to the pricing plan, for the whole annual period.
Lifetime license will be charged one time at the moment of choosing the license and will be instantly paid.
Pricing plan is charged based on the number of active Users with provided Features within such a plan.
The Enterprise may change the status of its users and stay within the same Pricing plan, as long as the number of active users remains unchanged.
Enterprise can subscribe to new active users to active or another Plan with new Features and will be charged for each new user, according to Pricing plan and number of the new users.
Prices set out in the Price Plan are subject to change at any time.
Any price may change at any time and will become binding on the Subscriber upon the following conditions:
- We sent to Client the notice about that
- The Client subscribes to the Pricing plan with new prices that starts after ending the period for the Client who has already been subscribed.
Such notice may be sent to a Subscriber by email to your most recently provided email address or posted on your Website.
After Free-trial expires, the User who wishes to continue using the License will be requested to make a payment according to the chosen Pricing plan.
In a case, Free trial expires, and you would not select your Pricing plan, Time Analytics LTD will not charge any fee to you. After Free-trial expires, you will not have any obligation toward Time Analytics LTD.
The Client or the user won’t be able to use the Free-trial if he has previously used the paid version.
Anyone who subscribes to License is deemed to have agreed to and accepted liability for the payments under such Pricing plan.
User must keep all the billing data complete and accurate.
All sums payable to Time Analytics LTD hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance, applicable tax or other charges related to the payment.
You hereby authorize Us to charge your account, according to the Licenses you select in Pricing plan, and you agree to pay Us such fees before getting the License.
If your default payment instrument is declined for any reason, we may deny you access to the License.
You can select any of offered payment method, credit card, pay pall, invoice and any other offered method by Time Analytics LTD, in the moment of selecting Pricing plan.
The fees are exclusive of any VAT or other taxes and public duties. It is each User’s responsibility to bear all public duties and taxes related to the purchase of the License.
All payments are handled by a third-party payment gateway so we won’t be responsible for the processing of Client’s payment.
Paid fees are non-refundable; the Client shall not be entitled to any refund concerning that billing period.
In addition, payments made for the future billing periods will not be refunded unless the Parties explicitly agree otherwise.
UPGRADING OR DOWNGRADING Licenses
As our Client you may upgrade your License at any time. By upgrading your License we mean choosing License with other Features that has higher price, according to a Pricing plan.
You can also upgrade your License by adding the new Users.
You are instantly being charged and you obtain immediate access to all chosen Features or access for new users, according to Pricing plan.
As our Client you may downgrade your License at any time. By downgrading your License we mean choosing License with other Features that has lower price, according to a Pricing plan.
You can also downgrade your License by removing the purchased License for existing Users.
You are instantly being charged for downgrading License and you obtain immediate access to all chosen Features or you will be restricted from using the Licenses for a reduced number of users.
To use the License, each Client must comply with these rules of acceptable use:
- Client must provide complete information and file them at the registration process
- Client must provide accurate and up-to-date information, using a false identity is strongly prohibited
- Client will prevent any other person from using that User’s account, use of the account by more people is prohibited
- Client must maintain the security of the account and password, and share it solely with the authorized persons. Client is responsible and liable for any use of the Website and its Licenses. Enterprise will be liable for all losses, damages, liability and expenses incurred by Time Analytics LTD or a third-party as a consequence of authorized use of the account.
- If you become aware of any unauthorized use of your Time Analytics account, please contact us immediately at support@ timeanalytics.com.
- Client will not engage in activity that violates the privacy of other Clients or users of another Clients
- Client will not access the Licenses or the Website to build a competitive product or License or to build a product using similar ideas, features, functions or graphics, or to copy any ideas or functions.
Clients are fully responsible for all the activities that occur under their accounts.
Users of the Licenses are solely responsible for all text, numbers, documents or other content or information uploaded.
By accepting this Terms, each Enterprise warrants, represents and covenants that the users own or has a valid authorization to use the License.
User will not infringe, misappropriate or violates the rights of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction.
The content of each user that is adding content within the License is a property of Enterprise.
Content management of users is performed by admin.
Time Analytics LTD cannot be held responsible for any loss, damage, expense or other harmful consequences to any Client resulting from user content.
DISCLAIMER OF WARRANTIES
Your use of Time Analytics is at your sole risk.
Any warranty of Time Analytics LTD regarding the site, Licenses is not expressly stated herein shall be deemed withheld.
User is solely responsible for any damage user may suffer resulting from the use of the License. No oral or written information or advice given by Time Analytics LTD 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:
- the License will meet User’s specific requirements nor that the License will be “fit for purpose”,
- the License will be uninterrupted, timely, secure, error-free or of satisfactory quality,
- the results that may be obtained from the use of the License will be accurate or reliable,
- any errors in the License will be corrected.
The License is not designed 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 License or the Website could lead to death, personal injury or physical and environmental damage. Accordingly, this Agreement excludes any High-Risk Activities and Client agrees not to use the License in connection with High-Risk Activities.
We reserve the right to do any of the following, at any time:
- to modify, suspend or terminate operation or access to Time Analytics, or any part of the License or any feature for any reason,
- to modify, change, upgrade the License,
- to interrupt the operation of the License or any part of it, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION AND EXCLUSION OF LIABILITY
We won’t be liable for:
- any loss, damage, expense or other harmful consequences resulting from anyone’s use or inability to use the License;
- any installation, implementation, customization or modification of the License code not carried out by us;
- any failure to apply available update, License pack, fix or upgrade that would have avoided the harmful event any unauthorized access to the user’s content;
To the maximum extent permitted by applicable law, in no event shall we, employees and representatives be liable for: any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:
- with the use of the License
- with the delay or inability to use the License
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.
Neither Party shall be liable for breaching its obligations due to a circumstance they reasonably could not have foreseen and which is beyond their control, such as, e.g., a force of nature, an act of a legislative or an executive authority, war, civil unrest, act of terror, strike, non-trivial cyber-attack, failure of a third-party hosting, Internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party’s performance.
This shall not be construed to limit the amount of, or excuse User from paying, any fee or other consideration owed hereunder.
You agree to indemnify and hold Time Analytics LTD harmless from any and all demands, losses, liability, claims or expenses (including attorneys’ fees) made against Time Analytics LTD by any third party due to or arising out of or in connection with your use of the License, including but not limited to:
- your use of the License in violation of this Agreement and any applicable law, and/or arising from a breach of this Agreement and any applicable law;
- any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from hosting your added user’s content on the License, and/or your making available thereof to other users of the License;
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Time Analytics LTD.
Client shall defend, indemnify and hold harmless Time Analytics LTD, its 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 user’s:
- breach of this Agreement;
- use of the License;
- processing personal data;
- infringement of any Intellectual Property
This Agreement shall continue until:
- you as Enterprise cancel your subscription or
- submit a request for deleting/deactivating your account or
- termination of Agreement by us
- the end of the subscribed Annual or Lifetime License.
TERMINATION BY USER
You may cancel your subscription at any time.
Only an authorized representative of an Enterprise may cancel the Enterprise’s account.
If you want to terminate the Agreement and cancel your subscription of the License, please send us notice at: email@example.com.
If you terminate the License before ending the period on which the License was subscribed, you will not receive a refund for any amounts that have been already charged. Your Termination will have no effect on your obligation to pay the remaining monthly amount of Annual License that is chosen to be paid on a monthly or annual basis.
If you don’t send us a notice of termination of the Agreement and cancelation your subscription of the License before its expiration, it will be considered that you renew the License under the same conditions you acquired the License for the previous period.
TERMINATION BY Time Analytics
You agree that We may immediately terminate this Agreement if you do not pay the fees when due in accordance with your Pricing plan.
We may deny you access to all or any part of the Licenses or terminate your account with or without prior notice if you engage in any conduct or activities that we determine, violate this Agreement or our rights or any third party, or is otherwise inappropriate. We may deny you access to the Licenses, or terminate this Agreement and your User Account.
We will inform you about the reason of termination on the email address you gave to us.
If you are an authorized user of an Enterprise, your Enterprise may decide to revoke your authorization or terminate your account.
If we terminate your contract due to breach of contract, you agree to pay us the amount for the use of the License for the entire period for which you are subscribed, according to the pricing plan.
SEVERABILITY OF TERMS
If any provision of this Agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any provision of this Agreement violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
We are available for all your questions at: firstname.lastname@example.org
JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION
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 Republic of Serbia, without regard to its conflict of laws rules.
Before claim, action or dispute arising out of these Terms and Conditions or the License, the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party, describing the facts and circumstances.
Failing to resolve disputes as described in the previous paragraph, any controversy or claims arising out of or relating to this contract, or the breach thereof, shall be finally settled by arbitration. The seat of arbitration shall be in Belgrade, the Republic of Serbia.
If the above agreement, as respect 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.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TIME ANALYTICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
During the term of the Agreement, we grant you a limited, non-exclusive, non-transferable, revocable, temporary license to use the License solely for your internal business purposes.
Client shall not:
- modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the License or the Website;
- use the License or the Website for License bureau or time-sharing purposes or in any other way allow third parties to exploit the License or the Website; or
- reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the License or the Website’s source code.
Confidential Information refers to the following information that one party to this Agreement discloses to the other.
That is any document one side marks as “Confidential”; any information orally designates as “Confidential” at the time of disclosure; any source code disclosed as confidential; any other non-public, sensitive information that should be reasonably considered 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 use of or reference to Confidential Information; becomes known publicly, or is approved for release in writing by Discloser.
Confidential Information shall not be disclosed to any person without confirmation of another side. Upon termination of this Agreement, both sides shall return all copies of Confidential Information to another.
We warrant that, during the term of this Agreement, the License will perform materially as described in its Documentation and on the Website.
We warrant that we are the owner of the Website and the License and the Intellectual Property Rights of stated.
We warrant that all customization of the Website and the License will be performed in a professional manner.
We warrant that we will never access your data, unless it is required for support reasons or for solving problems in the functioning of the site or License.
Each Party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement.
We don’t warrant that the License will perform without error or that it will run without immaterial interruption.
We provide, no warranty regarding, and will have no responsibility for, any claim arising out of:
Modification of the License or the Website made by anyone other than us, unless we approve that modification in writing or use of the License in combination with any operating system or program that is not authorized.
All content that is hosted on the Client’s server or server chosen by the Client, the security of the Client’s data and the User Content and application of the physical, technical, administrative, organizational and other measures is in the Client’s full responsibility.
TERMINATION OF THE AGREEMENT
This Agreement will continue until terminated by either Party.
The License won‘t renew automatically after end of the chosen Subscription.
Each Party may terminate this Agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other Party first cures such breach, or effective immediately if the breach is not subject to cure.
Purchased Life-time License lasts indefinitely, until the company Time Analytics LTD or its legal successors provides analysis of data that were added by the users of the License, and relate to spent working time of Users.
The Termination of the Life-time license is possible only on request of the Client who is subscribed on the Life-time License.
The Termination of the Annual license is possible only on request of the Client who is subscribed on the Annual License.
After Termination of the Annual license, account of the Client will be fully charged for the Annual period on which the Client was subscribed for the License.
Each party will return the other all the documentation it has received except the one it is obliged to keep on the basis of national legal provisions.
Each User understands and agrees that upon any termination of this Agreement:
- all rights that User has been granted will terminate;
- all amounts (if any) owed to Us become due;
- all added information by users may be deleted or may become inaccessible to the user