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TimeTrack Cloud provides the user with cloud services and apps that extend the features of TimeTrack App. Cloud services are services where servers are provided which make available services to save data on the internet, creating for the user added value for its work, for example by outsourcing data in the form of data backups or the storage of data in the cloud that allows the user to access it on multiple devices, minimizing the risk of data loss. 1. Preamble: 1.1 The following terms and conditions together with the separate privacy policy („Terms“) govern your use of TimeTrack Cloud. Your use of TimeTrack Cloud indicates your acceptance of these Terms. If you do not agree to our Terms, you must not use TimeTrack Cloud. 1.2 We reserve the right, at our discretion, to modify, add to or remove any of the Terms by updating this page at any time. You should check this page from time to time to review these terms and conditions to ensure you are happy with any changes. Your continued use of TimeTrack Cloud following the updating of the Terms shall mean you accept those changes. 2. Property Rights: 2.1 All entitlements and rights to our software, to our services, work results, the technical know-how and related business secrets, including but not limited to copyrights, rights to inventions and other industrial property rights shall be due to us. We are entitled to all license rights not specifically granted to the user in writing. 3. Liability limitation: 3.1 The user shall promptly notify all defects by written notice, along with a detailed description of the defect or, if impossible, the symptoms of the problem, as well as any information which may be conducive for eliminating the defect. The parties agree that the state-of-the-art does not permit it to develop programs that are error-free for all conditions of application. 3.2 TimeTrack Cloud shall be liable only in case of intent or gross negligence. The burden to prove our intent or gross negligence shall be on the user. We disclaim any liability for lost profit, damage due to third-party claims, indirect and consequential damage and damage to the recorded data or due to loss of data, and for errors, damage or security gaps in the hardware or software of third manufacturers or cooperation partners. This does not apply in case of personal injuries. TimeTrack Cloud shall not be liable for any damage caused by intent or negligent handling or incorrect operation by the user, for example due to non-observance of our specifications, in case of hacker attacks, viruses and Trojan horses affecting the user's network. Similarly, TimeTrack Cloud shall not be liable for defective cabling, for defective fuses and supply lines, energy supply problems, damage due to overload, lighting, floods or fire, overheating of devices, failures in and to the Internet, third-party attacks and loss and damage of data. 3.3 TimeTrack Cloud hereby warrants that TimeTrack Cloud will not access the cloud-saved data and data content without the user's prior written consent. In any event, it is not responsibility of TimeTrack Cloud to monitor or check whether the saved data contain any illegal content. TimeTrack Cloud expressly disclaims any liability for changes, damage to, deletion or loss of data, unless any such damage is covered by insurance anyway. This is also true for any damage due to viruses, Trojan horses or other harmful computer codes. 3.4 TImeTrack Cloud does not represent or warrant that the TimeTrack Cloud platform will be available at all times, or that it and the necessary software will be completely free from errors. 3.5 The user uses the TimeTrack Cloud exclusively at its own risk. 3.6 After sign up, the user space is not limited on TimeTrack Cloud. TimeTrack Cloud server has limited space and some users may use more or less then the other. The space that can be used is limited by space that TimeTrack Cloud ows. 4. Subscription 4.1 TimeTrack Cloud service is offered as subscription. There are two models of subscription, monthly and yearly. During the subscription period the user receives free updates of the web app and new features of the iOS app. 4.2 Payment will be charged to iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period. 4.3 Any unused portion of a free trial period, will be forfeited when the user purchases a subscription to that publication. 5. Fraud protection. 5.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. 5.2 TimeTrack Cloud has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account. Vienna, Austria 10.03.2015 |
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