Terms & Conditions

General

The Timo-Track service is an online, subscription-based, hosted, supported and operated on-demand solution (“Business Managment Service”) provided by NIFTY SOFTWARE S.R.L. under a written purchase order. NIFTY SOFTWARE S.R.L. is who is also the owner of Timo-Track website (www.timotrack.com),it’s contents and the software application. The acceptance of this Terms of Use constitutes the written agreement which is legally binding for both parties and valid until it is terminated by one of the parties. NIFTY SOFTWARE S.R.L. is reserving the right to amend or change the terms of use without prior notice. NIFTY SOFTWARE S.R.L. will however take reasonable steps to inform users about any such change and provide the easy-exit procedure in case of users wishing to terminate the agreement and leave the service at any time, for any reason. NIFTY SOFTWARE S.R.L. is not responsible for the Business Managment Service unavailability, data errors, inaccuracies or for any consequential damage caused by the use, or inability to use the Business Managment Service.
NIFTY SOFTWARE S.R.L. grants to users a non-exclusive, non-transferable and world-wide right to use the Business Managment Service (including its implementation and configuration), any materials and documentation solely for user’s internal business operations. Business Managment Service may include integrations with web services made available by third parties (other than NIFTY SOFTWARE S.R.L. or its affiliates) that are accessed through the Business Managment Service and subject to terms and conditions with those third parties. These third party’s web services are not part of the Business Managment Service and the agreement does not apply to them.
Support of the Business Managment Service is performed in accordance with general terms and conditions of support services.

Personal Information And Privacy

Timo-Track collects personal information from its users and as a service, allows users to collect personal information of other users. According to EU regulation regarding personal data (GDPR) NIFTY SOFTWARE S.R.L. is the processor of the personal data managed by Timo-Track and the User is deemed the controller. Furthermore, these Terms of Use are deemed the Data Processing Agreement required by the regulation. In case the User requires the agreement in a classic paper format signed and dated by both parties, the signed PDF version will be provided on request.
NIFTY SOFTWARE S.R.L. is committed to fulfill any request made by the Users stemming from the provisions of personal data protection legislation, upon user’s reasonable request. NIFTY SOFTWARE S.R.L. may charge the user reasonable costs of fulfilling such requests.
Personal data is governed by Timo-Track Data Processing Agreement.

Data Security And Safety

NIFTY SOFTWARE S.R.L. takes all reasonable measures to protect the information kept by Timo-Track from unauthorized use and to prevent unauthorized access to Timo-Track and its data. Timo-Track allows its administrative users (admins) to store, process and manage personal information of other users such as employees, temporarily hired workforce, subcontractors and other contributors of their time tracking information. Admins are responsible for protecting the privacy of the personal data they collect and manage with the service. NIFTY SOFTWARE S.R.L. follows best business practices for protecting the user data such as secure communication, data encryption, user identification and authorization, rights management, safe storage and redundancy. All the user information is stored on servers in a secure operating environment. Although NIFTY SOFTWARE S.R.L. has taken all reasonable measures to minimize the risks of data loss NIFTY SOFTWARE S.R.L. takes no responsibility for eventual data recovery failure or data loss in general. To help preserving the data in case of corruption, loss or Business Managment Service cancellation NIFTY SOFTWARE S.R.L. allows unhindered export of data during the time of active subscription. NIFTY SOFTWARE S.R.L. is committed to promptly inform the users about all security, privacy and data safety incidents.
User is responsible for its data and entering it into the Business Managment Service. User grants to NIFTY SOFTWARE S.R.L. a nonexclusive right to process such data solely to provide and support the Business Managment Service.
At the end of the agreement, NIFTY SOFTWARE S.R.L. will delete the user’s data remaining on servers hosting the Business Managment Service unless applicable law requires retention.

Subscription Terms

The Business Managment Service is paid by monthly. The subscription is billed at the beginning of the subscription period. Subscription is billed automatically according to the current plan. The customer account is billed according to the price listed, the currency available for the country of the user’s origin and the exchange rate used by the checkout system. The subscription can be cancelled at any time by following the Plan link in the global navigation bar. The customer is solely responsible for properly cancelling his account. Email messages are not accepted as cancellation. NIFTY SOFTWARE S.R.L., in its sole discretion, reserves the right to suspend or terminate any customer account and refuse any and all current or future use of the Business Managment Service, or any other NIFTY SOFTWARE S.R.L. service, for any reason at anytime.
With respect to the Business Managment Service, user will not:

  • except to the extent such rights cannot be validly waived by law, disassemble, decompile, reverse-engineer, copy, translate or make derivative works,
  • upload any content or data that is unlawful or infringes any intellectual property rights, or
  • circumvent or endanger its operation or security.

NIFTY SOFTWARE S.R.L. may create analyses utilizing, in part, information derived from user’s use of the Business Managment Service. Analyses will anonymize and aggregate information, and will be treated as confidential information. Examples of how analyses may be used include: optimizing resources and support; research and development; automated processes that enable continuous improvement, performance optimization and development of new NIFTY SOFTWARE S.R.L. products and services; verification of security and data integrity; internal demand planning; and data products such as industry trends and developments, indices and anonymous benchmarking.
NIFTY SOFTWARE S.R.L. warrants that during an applicable subscription term (a) this agreement, and any documentation will accurately describe the applicable administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of user’s data, (b) NIFTY SOFTWARE S.R.L. will not materially decrease the overall security of the Business Managment Services, (c) the Business Managment Services will perform materially in accordance with the applicable documentation, (d) will not breach registered intellectual property rights of any 3rd party.
For any breach of a warranty above, user’s exclusive remedy is termination.
Any liability or warranty as regards the free usage of Business Managment Service being free of any material defects and defects in title in excess thereof shall be precluded.
NIFTY SOFTWARE S.R.L. shall not be held liable for any loss, including loss of profits, indirect or incidental loss, loss of data, non-function of the Business Managment Service or its functionalities if:

  • loss is not reproducible or not imputable to NIFTY SOFTWARE S.R.L. or in cases where the Business Managment Service is not used in compliance with this Agreement;
  • user has failed to properly perform its duty to collaborate or failure to take the advice of NIFTY SOFTWARE S.R.L. ;
  • if the loss is caused as consequence of the force majeure.

NIFTY SOFTWARE S.R.L. ’s total liability for any damages or claims under this agreement is limited to the 10% of the value of the subscription fees paid in the last 6 months, except in case NIFTY SOFTWARE S.R.L. caused the damage with willful intent or gross negligence.

Payments

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

If an invoice it's not paid on it's due date, your subscription will get in the Past Due state. In the Past Due state you can still use your account with it's full features from your plan. The invoice will be attempted to be paid 2 more times, every 3 days after each failure, and after that the subscription will be cancelled and your features will return to the ones from the free plan.

Refund Policy

We will refund your last payment for any valid reason in the first 30 days from when the payment was made.

Tax Notes

All the fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Customers outside EU are responsible for payment of all such taxes, levies, or duties. Customers within EU are treated according to EU tax regulations.

Governing Law

The Agreement and any claims relating to its subject matter will be governed by and construed under the laws of Romania, without reference to its conflicts of law principles. All disputes will be subject to the exclusive jurisdiction of the courts located in Bucharest. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (where enacted) will not apply to the Agreement.
Either party must initiate a cause of action for any claim(s) relating to this agreement and its subject matter within one year from the date when the party knew, or should have known after reasonable investigation, of the facts giving rise to the claim(s).

Validity

Valid from: 22.05.2021
This version supersedes all previous versions.

Contact Information

Sorin-Gabriel Marica
+40(721)095710
info@timotrack.com
www.timotrack.com