1.1. For a better understanding of the terms set out herein, we have thought it necessary to define the following terms:
- 1.1.1. “Platform” shall be the online solution provided by the Company through which a user accesses the Services.
- 1.1.2. “User” shall be the person accessing the Website and the Platform, if available under certain circumstances described herein.
- 1.1.3. “Administrator” shall be a User, as defined above, which holds a Administrator Account and may purchase licenses, add and create projects, add team members, and fully use all features, subject to the purchase of licenses or the term of a trial account.
- 1.1.4. “Payment Method” shall be the method available on the Website chosen by the Client to make payments or purchases of products or services there available.
- 1.1.5. “User Account” shall be used to refer to the accounts added by an Administrator on the platform through an Administrator Account.
- 1.1.6. “Administrator Account” shall be used to refer to the accounts which are able to fully use all available features on the Platform.
- 1.1.7. “Team Member” shall be used to refer to Users which have been added on the Platform by an Administrator.
- 1.1.8. “Features” shall be the allowed interactions available and accessible through the Platform.
2.1. The Company offers an online solution to keep a detailed record of activities of Team members and see and evaluate the progress on projects through the Platform (the “Service”). The services shall be bound to the purchase of a license; each license shall allow you to add a Team member to one or more projects you have added to your account. Subject to your compliance with these Terms, your payment status and your consent to our policies, by logging onto the Platform and/or using the Service, you will be able to access the online features of the TB solution and purchase the amount of licenses you require for your projects.
2.2. From time to time Services may become unavailable whenever:
- 2.2.1. Your payments are not cleared when were are expected to occur and your account is put on hold as a result of such pending payment;
- 2.2.2. TB has good reasons to believe that you are in breach of terms and conditions of this Agreement or have otherwise incurred in unacceptable behavior online, and your account is suspended until such situation is cleared; and
- 2.2.3. TB discovers that your activities may be illegal or otherwise illegitimate, and therefore terminates your access to the Platform and the Services in General.
3.1. You are of sufficient age to register for an account on TB; to access the Websites and Services you must be at least 18 years of age.
3.2. You acknowledge that the Services are legal in your jurisdiction and by using the Services you don’t infringe any laws or regulations in your jurisdiction, or the jurisdiction of your registered Team members.
3.3. You hold the authority and/or sufficient legal representation to register for any kind of entity, when applicable.
3.4. At the time of registration, you state to have entered true and verifiable information.
3.5. You are not using or planning to use or exploit false identities, impersonate any other person, or use a username and password that the User is not authorized to use, or is otherwise vulgar or offensive.
4. USER ACCOUNTS.-
4.1. To be able to access the Platform and the Services you must register an account on the Website. If you directly create an account on the Website, you are opening an Administrator Account which for a trial period may be enabled to use all features and tools available on the platform, including but not limited to the inviting and adding of Team Members. The term of trial periods may vary and shall be announced on the Website; TB reserves the right to change trial periods whenever they deem necessary, pursuant to their business interests. After the trial period expires you must upgrade your account to access the Services.
4.2. Each individual or entity shall be allowed a single account; in the event TB becomes aware of duplicate accounts, TB shall have the full right to close such duplicate accounts. This will also apply to accounts created by bots or by other automated means.
4.3. You warrant TB that all registered information on your account is true and verifiable. Use your own legal name, or that of the entity you represent. In case of an entity, make sure you have the authority to bind such entity to this Agreement.
4.4. You shall be the solely responsible for any activity of your account; this includes any content generated through it.
4.5. Furthermore, you shall be solely responsible for keeping private and secret your access information, such as your username and password. We strongly advise that if you use devices to access your account you log out completely after use. If you suspect that your account has been breached or accessed without your authorization you must notify us, so we can put a temporary lock on your account, until you are able to access your account securely again. You are also advised to periodically change your password to your account.
5. PERSONAL AND PRIVATE INFORMATION.
6. FEES AND PAYMENTS.-
6.1. When you make a payment on the Website you must warrant that your chosen Payment Method is cleared or that you have the authority or right to use such Payment Method. You further authorize TB to charge your Payment Method periodically when payments are due. In the event a payment is withheld you are the party responsible to clear it or to choose an alternative Payment Method.
6.2. All payments are processed through a third party service provider, which is the party responsible to make the charges for TB to your Payment Method.
6.3. Any applicable taxes shall be charged to your Payment Method at the time your payment is processed. TB shall not be responsible to any additional charges made by your Payment Method Provider, currency exchange, or other taxes which may apply in your jurisdiction.
6.4. All prices on the Website are in US Dollars. TB shall reserve the full right to change any prices of the Services or to offer special promotions. This information shall be published accordingly on the Website. If such price affects you, you may enjoy the former price until the next expected payment becomes due. Your only remedy of any price change which affects you is to close your account before any price change applies to you.
7. ACCEPTABLE USE.-
7.1. Users are to abide and comply with this Agreement at all times, when accessing, visiting or navigating through the Website. Additionally, and to keep a good, productive and overall a legal atmosphere on the Website, you may not:
- 7.1.1. Upload any content or material which is not property or to which the User has been granted a license which allows the User to upload such UGC and license it to TB.
- 7.1.2. Impersonate anyone or reporting information which is untrue, inaccurate or otherwise false.
- 7.1.3. Breach the terms and conditions of this Agreement.
- 7.1.4. Frame the Website.
- 7.1.5. Mirror the Website.
- 7.1.6. Attempt to make copies of, reproduce or otherwise clone the Website, its contents, its solution, its databases, trademarks and any other parts of it, unless authorized in writing by TB.
- 7.1.7 Reverse engineer the online solution, the Platform, the Time Tracker, or any other pieces of software which run the Services or the content and features available thereon.
- 7.1.8 Try to upload or otherwise infest the server with virus, spyware, malware or any other harmful software.
- 7.1.9. Try to access TB Website through a backdoor, creating one, or attempt to access as anything different than a user.
- 7.1.10. Aid or assist a third party in any of the aforementioned prohibitions.
7.2. The enactment, performance or attempt of any of the foregoing prohibited actions may result in account suspension or permanent ban, at TB’s sole decision and interpretation, without any further obligation to the infringing User.
Notwithstanding what may be determined in this Agreement, TB grants User with a limited, non-transferrable, non-exclusive, revocable, non-sublicensable license to access the Website and create an account to use the Platform. Features and other available activities on the Platform are subject to their purchase and shall have the same limitations as the aforementioned license.
9. INTELLECTUAL PROPERTY
All the content viewable, accessible, available and otherwise displayed on the Website, including the Platform, the Services and any other material there available shall be construed as the exclusive property of TB or its licensors. Their download and use, including any copyright and other property rights of the solution and the Services may not to be breached or used commercially. Any use must be abiding with this Agreement or previously authorized by TB or its licensors in writing. By extending the license of the foregoing section, TB does not extend or grant any rights or licenses to Users for the use of their content, trademarks or software not directly relate to the Services. The circumvention of this Section may result in account suspension and/or permanent ban, and TB shall have the right to continue any legal actions to the infringing User or party.
10. DMCA COMPLIANCE.-
TB makes an important effort to remain compliant with all applicable regulation to online service and content providers. However, due to the amount and type of Media which is being uploaded to the website at all times, it is impossible for TB to become aware whether a copyright infringement has occurred. Therefore, to remain compliant with applicable copyright laws, both, online and offline, TB has set out this section so that Users and third parties may easily present a claim in the event of a breach to their copyright.
- If you believe that any content breaches your copyright or that of a third party you represent, you may send an email to the address specified at the end of this section, to contact our designated agent for DMCA purposes, and please make sure that the email, which is officially a notification, contains the following:
- Kindly provide electronic signature or physical evidence of the true holder of the copyright of the alleged breaching material, or of the person which is representing and has the authority to make a representation on behalf of the holder of the copyright of the alleged breaching material.
- Kindly describe and identify the material or materials which is being allegedly breached on the Website. In case of more than one breach, make sure that you make a list specifying each of the breaching materials.
- Kindly describe the exact location of the allegedly breaching material on the Website, by means or links (to URLs) or a direct link to such material or materials. Make sure that the allegedly breaching material is pinpointed for us to identify.
- Kindly send us your contact data, so that we are able to contact you. The information we require includes, but may at time not be limited to name, address, telephone or mobile number and your email address. The information you send us shall be governed by our Cookie and Privacy Policies.
- Also, please kindly attach a statement where you, as the claimant of the alleged breach, that you in good faith and true belief that your copyright or the copyright of the holder you represent is being breached or that related rights are being infringed by material on the Website, and that such material is not licensed or authorized by the true holder of such rights, by such holder’s representative or agent, or by applicable law.
- Finally, please also attach a statement that the information disclosed in your email is true, verifiable and accurate, and that, under penalty of perjury, you have full authority to act as yourself, if you were the holder of the copyright which is allegedly being infringed, or in behalf of the holder of that copyright.
- Please allow a reasonable amount of time for us to react to your email and make the required verification. Please note that the breaching party may present a counterclaim within the next fifteen (15) days of the notification of the alleged breach. In this case you will be notified of this situation, and this may open the possibility for you to present an official legal claim at the appropriate venues determined by law.
- Kindly be reminded that it is illegal to misrepresent ownership or copyright of any material, and that TB may engage in legal actions against individuals or entities which engage in such misrepresentation, without limiting TB' rights to recover from any damages or costs it has endures as a email@example.com of such misrepresentation.
For Copyright, DMCA, or other intellectual property related issues, contact firstname.lastname@example.org.
11. TERM AND TERMINATION.-
11.1. This Agreement will remain in effect until terminated by either party.
11.2. Users may terminate this Agreement when they close their accounts on the Website. Be reminded that in this event, some sections of this Agreement may survive the termination, as stated in section SEVERABILITY.
11.3. TB reserves all right to terminate your access to the Platform and the Services, without any liability and obligation to notice to you, effective immediately, including, but not limited when:
- 11.3.1. You breach the terms and conditions of this Agreement;
- 11.3.2. TB becomes aware or believes in good faith that you are using the Services for illegal activities and/or purposes, or plan to do so;
- 11.3.3. You are continuously suspended for non-payment; and
- 11.3.4. TB files for bankruptcy and is unable to enable the Services.
12. SEVERABILITY, SURVIVAL AND WAIVER.-
12.1. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
12.2. Some of the Sections of this Agreement may survive the termination of these terms, regardless of which party promoted such termination.
12.3. The failure of any Party hereto to exercise any rights under they may be entitled to under the Governing Documents shall not constitute or be construed as a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
The Parties hereto agree that User may not assign any of users’ rights or obligations determined in this agreement to any third parties, without express and explicit written consent of TB. TB may at any time assign this Agreement, provided that the conditions and terms of this Agreement survive such assignment and are kept identical or improved by the assignee, and the fees are kept unchanged for a period of no less than six (6) months.
14. ENTIRE AGREEMENT.-
14.1. This Agreement and the Governing Documents in general contain the entire understanding of the User and TB and shall supersede all prior understandings of the parties hereto relating to the subject matter hereof.
14.2. Notwithstanding the aforementioned, this may not apply if a different agreement is signed between the user and TB if user engages the Services through a previous offer from TB.
15.1. You agree to indemnify, hold harmless and defend TB, its affiliates, directors, stockholders, officers, licensors, employees and agents against any legal claims, charges, damages, costs, liabilities and losses, including any applicable reasonable attorney fees, which arise out of your use of the Services, the Websites, the content you upload, or your breach of any of the terms and conditions of these Terms.
15.2. Such indemnity extends to any of the individuals which queue to your created queues, regardless of such queue coming from a trial or paid account.
16. LIMITED LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, ANY SERVICE OFFERED BY THE COMPANY, THE SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE WEBSITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
17. DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS WEBSITE AND ANY SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE WEBSITE, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE WEBSITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS WEBSITE, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The User agrees to indemnify, hold harmless and defend the Company, along with its directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User; (ii) the User’s use of the Website or any service offered by the Company; (c) any unacceptable or objectionable use of the Website or any service offered to the User by the Company; or (d) any negligent or willful misconduct by the User.
19. ERRORS AND OMISSIONS
The Website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Website, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
20. PRODUCTS AND SERVICES
The Website may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Website does not imply that such product or service is or will be available in the User’s location.
21. THIRD PARTY LINKS
There are links on the Website that lead to third party sites. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE WEBSITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES.
The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Website will display such changes, which will be User’s only notification of any such change. Any use of the Website or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User shall be binding upon the Company.
23. FORCE MAJEURE
In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the other Party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of non performance exceeds seven (7) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may by giving written notice immediately terminate this Agreement.
Any claims or other controversies arising in relation with this Agreement or as a result of a breach to this Agreement, is to be settled by arbitration administered by the American Arbitration Association and the number of arbitrators shall be only one. The place where this arbitration shall be held is in New York (USA), and the laws and regulations of that state shall apply. The prevailing party after the arbitration is awarded favorably shall recover from the non/prevailing part all costs in relation to this arbitration, legal fees, and reasonable attorney fees.
25. CHOICE OF LAW.
25.1. The laws of the United States of America, and specifically those of the State of New York shall apply and be used for interpretation of these Terms in the event of any dispute arising out of this agreement.
25.2. Each Party hereto voluntarily and willingly submits to the exclusive jurisdiction of the courts operating in the county of New York, State of New York, USA.
For more information or questions about these terms please contact us HERE.