Terms of services
effective from 09.12.2019
These Terms and Conditions describe your rights and responsibilities when using our online web application and other tools (such as desktop and mobile applications) provided by TimeCamp SA (referred to as ‘Supplier’), with its registered office in Wroclaw, Poland, at al. Wisniowa 36a lok. 311 entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wroclaw-Fabryczna in Wroclaw – VI Commercial Department of the National Court Register under No. 0000755317 and related company TimeCamp, Inc., 340 S Lemon Ave #4967, Walnut, CA 91789, United States.
If you are a Account Owner (defined below), these Terms and Conditions govern your access and use of our Services. If you are being invited to a TimeCamp account set up by a Account Owner the Agreement between the Account Owner and Supplier govern your access and use of the Services.
§ 1. Definitions
1. Account Owner - is the individual creating the TimeCamp Account who represents the body for which TimeCamp account was created (either private or corporate). If you signed up for a paid plan using your private or corporate email domain, you automatically become the Account Owner of the created TimeCamp Account and can invite Users to operate on that account. As an Account Owner, you are solely responsible for any actions taken by Users invited to your Account.
2. User - a person invited to a TimeCamp Account by the Account Owner via e-mail or unique URL. As a User you agree that it’s an Account Owner’s responsibility to a) inform you of any relevant policies and practices and any settings that may impact the processing of the account’s data, b) ensure that the transfer and processing under the Agreement are lawful. The Supplier makes no representations or warranties of any kind whether expressed or implied to you relating to the Services which are provided to you as a User.
4. Content - the information and technical resources provided by the Supplier to its Account Owners and Users for the use in conjunction with the Software and the features of the Software itself. Items of content are grouped into packages which are available at: https://www.timecamp.com/pricing
5. Software - time tracking including TimeCamp online web application and other tools such as mobile and desktop applications (as well as all its updates, upgrades and modifications).
6. Personal Data - any information relating to an identified or identifiable natural person as regulated by the law governing this Agreement.
7. Services - Software and Content provided by the Supplier.
8. Subscription Plan - set of Content provided by Supplier. Subscription Plans offered by Supplier are priced differently based on the features provided. TimeCamp reserves the right to evaluate and modify Enterprise Plans.
9. TimeCamp Account - an account provided by the Supplier to Account Owner and its users in order to access and use of Content and to engage in certain data processing activities.
10. User’s Data -any information that Account Owner or Users enters, stores, records, modifies, deletes, makes available, transmits or otherwise processes.
§ 2. Terms and Conditions
1. Accepting these Terms and Conditions is a requirement to use Services and Content provided by TimeCamp SA.
2. All Account Owners are obliged to observe these Terms and Conditions and inform users of this Terms and Conditions.
3. TimeCamp SA reserves the right to modify the provisions of these Terms and Conditions without notifying the Account Owners of the implemented modifications. The Account Owner may at any time familiarize their self with the current Terms and Conditions version on our Internet website www.timecamp.com/.
4. Further use of Services and Contents after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Account Owner from using the offered Services and Content.
§ 3. Services Description
1. Services include the Software and its Contents described in these Terms and Conditions offered by TimeCamp available on the following website //www.timecamp.com/ after accepting the aforementioned Terms and Conditions.
2. Supplier is exclusively entitled to decide on functionality, the use, subject matter and the range of particular services as well as to cease rendering these services.
3. Supplier is exclusively authorized to decide on the Contents and the nature of the Software as well as to freely add, change or remove particular elements.
§ 4. Access and the Use of Services
1. Supplier services and contents are designated for personal and commercial use and must be used only in accordance with their purpose, application and their general characteristics.
2. Supplier services and contents can be accessed by logging on a particular website or through mobile and desktop application.
3. Every Account Owner and Users is assigned a particular password and login which must not be used by third parties without the Account Owner’s/User’s consent. The Account Owners and Users are responsible for keeping and properly securing of their password and login.
5. Account Owners and Users undertake to use the Services and Contents in accordance with their use, purpose and in the manner consistent with both these Terms and Conditions and provisions of currently effective law.
6. Account Owner bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered services and products.
7. Account Owner understands and has become familiar with technical requirements necessary to use the Services and Contents and has no objections in respect thereof. The Account Owner is aware of risk and threats connected with electronic data transmission.
8. Supplier reserves the right to access individual users accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law.
§ 5. Trademarks and Copyright
1. All Services and Contents offered by Supplier, which constitute specific works, are its exclusive property and are covered by an act on copyright and neighboring rights.
2. Website addresses as well as their contents and layouts are protected by the aforesaid acts.
3. Prior written consent of Supplier is required for any not permitted personal and non-personal use of offered Services and Contents. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications).
4. Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the user without express consent of TimeCamp SA is prohibited. Such acts are not deemed to be the proper use of services.
5. The user must not modify or change the purpose and use of offered services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of Supplier is prohibited.
§ 6. Payments
1. The use of offered services available on //www.timecamp.com/ is free of charge during the trial period which time is defined on the website. During the trial period, the credit card is not required.
2. After that period if the Account Owner wishes to continue using our services will be requested to make a payment according to the chosen Subscription Plan and currently effective price list.
3. All payments shall be non-cash transactions, conducted electronically by external professional entities. Subscription fees are calculated per Account Owner by monthly or yearly payments depending on the Subscription Plan.
4. Unless agreed otherwise the subscription starts on the first day after the trial period expires.
5. In case of lack of payment, the Services may be suspended and Subscription Plan may be terminated. Default in payment according to currently effective price list means resignation from the provided services.
6. The Account Owner shall be given a 14 day period notice of all changes in the price list.
7. All payments for the Services are handled by a third party payment gateway. Supplier is not responsible for the processing of the Account Owner’s payments and shall not be liable by any matter in connection therewith.
8. Once you decide to subscribe, we need you to provide your credit card details, a number of operator seats and subscription period – however, we will not charge you immediately after submitting your details, but upon the end of your free trial.
§ 7.Refund Policy
1. Regardless of the billing cycle, the Supplier provides no refunds or credits for unused time of the service or plan downgrades if the Account Owner decides to close TimeCamp account before the end of the subscription period.
2. There will be no exceptions in order to treat all Account Owners equally and to keep our administrative costs low for the ultimate benefit of our customers.
3. You can cancel your Subscription Plan at any time in the Settings under Subscription tab. After canceling, your Subscription Plan will stop working immediately. Credit from previous payments will be lost and is not refundable.
§ 8. Account Closing
1. The Account Owner may close their account at any time. Account closing means that the further use of Services with the use of current password and login shall no longer be possible.
2. The Account Owner is responsible for closing their account.
3. Closing the account by the Account Owner before the end of settling period for which a payment has been made does not obligate Supplier refund the amount for the unused period.
4. Supplier reserves the right to close Account Owner’s account due to gross infringement of the provisions of these Terms and Conditions, in the event of illegal use of the offered Services and due to long term lack of payments.
5. Supplier shall not be liable for damage suffered by the Account Owner or Users arisen due to the suspension or closing the account by its owner or for other reasons arising from the Owner’s fault.
6. Closing the TimeCamp Account by Account Owner will automatically cause a closing of all Users Accounts.
§ 9. Guarantee and Limited Liability
1. Supplier guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services and Content in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided Services.
2. Supplier does not guarantee compatibility of offered Services and Contents with other producers’ software. The Account Owner shall bear responsibility for the choice and consequences following from the use of other software including its applicability to User’s objectives.
3. Supplier stipulates that opinions given by Account Owners and Users do not reflect in any possible manner its views and opinions. Supplier does not monitor or control opinions on a continual basis; if, however, any opinions in breach with these Terms and Conditions should be revealed efforts shall be immediately made to remove them as soon as possible.
4. Supplier shall bear no liability in particular for the following reasons:
1. All negative consequences being the result of force majeure.
2. Phrases and entries added to the Software in connection with the use of offered Services and Contents.
3. Unlawful and inconsistent with these Terms and Conditions Users operations while using offered Services and Contents.
4. Disturbances in accessibility of offered Contents and Services not caused by the Supplier.
5. Damage suffered by the User arisen due to the suspension or closing the account by the Account Owner or for other reasons arising from the Account Owner fault.
6. Damage suffered by the User as a result of a third party using their data that enable them to access the provided Services and Contents.
7. Damage following from the use or the impossibility to use offered Contents and Services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement.
8. Consequences of failure to perform or improper performance of obligations undertaken by other Users even though such an obligation has been undertaken using offered Contents and Services.
§ 11.Final Provisions
All disputes arising in connection with these Terms and Conditions shall be primarily resolved amicably.
All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of Supplier registered office. The provisions of Civil Code, the act on copyright and neighboring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these Terms and Conditions.