Terms Of Service


Definitions

“We, Company” means WebWork Time Tracker, Inc (a company registered and operating under the legislation of the state of California, USA, legal address: 530 Divisadero St PMB 848, San Francisco, CA 94117, USA) as well as the assigns of the latter and its affiliates, which make the WebWork time tracker available to employers, employees, and freelancers.

“Website” means the Company’s website with the following link: WebWork Time Tracker

“Product” means the WebWork time tracker with its desktop application, chrome extension, web application, and mobile application, through which employers are given the opportunity to monitor their employees/freelancers (their activities involving digital devices on with the Product installed or otherwise operational) and employees/freelancers are given the opportunity to improve their productivity.

“Workspace Owner” means the employer who builds the team by inviting new members to the workspace and has control over the entire organization. It also means the individual employee/freelancer who individually wants to monitor their own performance without being monitored by someone else.

“Workspace Member” means a member who is invited by the Workspace Owner or its assignee to join the workspace for the purposes of being monitored as an employee/freelancer.

“You” means Workspace Owner and Workspace Member collectively.

Registration

You can freely browse the Website without signing up for the subscription of the Product. If You sign up for the Product, these terms of use will constitute a contract between You and Us. If You do not agree with any provision of these terms of use, You should abstain from subscribing for and using the Product.

Prior to signing up for the subscription, You need to register by providing Your first name, last name, e-mail address, and password. You will use Your password You created to log into Your account. You are solely responsible for maintaining the confidentiality of Your password and not sharing it with other persons. We are not responsible for any consequences that may arise in connection with the use of Your account by other persons. You are fully responsible for all activities that occur with the use of Your password to log into Your account.

To register, You will receive an email with a verification link. You do not have to proceed with the verification during the trial period. If You want to continue using the Product after the trial period, You have to verify Your email address.

Consent to processing of personal data

By browsing the Website and using the Product, You give Your consent to the processing of Your personal data and You acknowledge and agree to the terms set forth in the Privacy Policy. You are required to provide complete and accurate personal data and keep it up to date as We are not liable if any damages occur because of outdated, wrong or incomplete information. We do not check the accuracy of the information provided by You.

Subscription plan and fees

The use of the Product is free of charge during the trial period, the duration of which is defined on the Website.

Once a Workspace Owner decides to subscribe, We will ask them to make a payment in accordance with the chosen subscription plan. We will charge Workspace Owners only upon the end of the free-trial period.

Subscription fees are calculated per Workspace Member by monthly or yearly payments depending on the subscription plan. The subscription starts on the first day after the trial period expires. All payments shall be non-cash transactions, which are conducted electronically by licensed electronic payment service providers, who receive the included data directly. This information is under no circumstances stored on our servers. We are not responsible for the processing of the payments and shall not be liable by any matter in connection therewith. Workspace Owners may request such electronic payment service providers’ privacy policies at any time.

Workspace Owners can change their subscription plan, cancel it, downgrade it, or upgrade it at any time. These actions will take effect at the end of billing cycle unless otherwise requested by Workspace Owners and agreed by Us.

In case of lack of payment, the use of the Product may be suspended, and the subscription plan may be terminated. Default in payment according to then effective price list means resignation from the use of the Product.

Refund

After buying a monthly or yearly subscription to use the Product, no refund will be provided for the unused period. However, You may request a refund in the amount of monthly fee within 15 days after making a payment for monthly subscription and in the amount of yearly fee within 30 days after making a payment for yearly subscription.


Balance amount refund is available within 30 days since being filled, even if it has not been used.

Use of the Product

The Product must be used only in accordance with its purpose, application and its general characteristics.

You must not use the Product in any way if it causes or may cause damage to the reliability or availability of the Product. You must not use the Product to copy, store, post, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus or other malicious computer software. You must not conduct any systematic or automated data collection activities on or acts in relation to them without Our express written consent.

Account suspension

We reserve the right to suspend Workspace Members’ accounts and not allow them to continue using the Product if in their use of the Product, they violate any of the provisions of the applicable law, of these terms of use or if they use the Product in an illegal way. We reserve the right to suspend Workspace Owner’s account and not allow to continue using the Product for the same reasons that apply to Workspace Members as well as because of lack of payments due.

We may suspend the use of the Product by any Workspace Owner and Workspace Member on the basis of complaints presented against them by the Workspace Owner or other Workspace Members

We bear no liability for the damage suffered by You arisen due to the suspension of Your account and Your use of the Product.

Account deletion

Workspace Owners may delete their accounts at any time. Account deletion means that the further use of the Product with the use of current password and login shall no longer be possible. Deleting the account by the Workspace Owner will automatically cause a deletion of its workspace

Upon Workspace Owner’s request, after deletion of Workspace Owner’s account, Workspace Members’ accounts can also be deleted unless the Workspace Member is a Workspace Member in more than one workspace.

Content and linking to other websites

We do not assume any responsibility for third-party content that may be available through the Product, and for content linked to the Product. Where We link to third-party websites/applications, You use such websites/applications at your own risk. We recommend reading the policies of these websites/applications and review how they may process Your personal data.

Liability

Workspace Owner bears full responsibility for all contents, phrases and entries added to the network and for all the actions in connection with the use of the Product by its Workspace Members. Where full responsibility cannot be applied, Workspace Owner bears joint responsibility with its Workspace Members.

The Product is provided on “as is” and “as available” basis without express or implied representations or warranties of any kind, including but not limited to representations or warranties related to the operation, accessibility, availability, completeness, accuracy or suitability of the Product for any purpose. You are fully and exclusively liable for any and all risk resultant from the use of the Product.

We exclude our liability and that of our agents and independent contractors, and our and their employees, officers, agents for actions/inactions, errors, omissions as well as for damages relating to Your use of the Product, whatever the legal basis of such liability would be, to the extent permitted by the applicable law.

Your access and use of the Product may be interrupted from time to time for several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Product or other actions that We, in our sole discretion, may elect to take. In no event will We be liable to You for any loss, cost, or damage that results from any scheduled or unscheduled downtime. Moreover, the use of the Product largely depends on the operation of the internet network. Accordingly, We cannot guarantee the availability of the Product due to the possible unavailability of Internet connection or other failures of that network. We undertake reasonable efforts to ensure continuous and uninterrupted performance of the Product. However, We are not responsible for any interruption of the operation of the Product, if it is due to the actions of third parties or to the work of the Internet. We are also not responsible for any interruption of the operation of the Product or any other problem associated with the Product, if it is the consequence of the effect of a computer virus or other malicious software.

Applicable law and jurisdiction

In case of any disputes arisen between You and Us, such disputes shall be subject to settlement through direct negotiations between You and Us within a 30-day period. In case of failure to reach an agreement within the provided period the disputes shall be subject to the exclusive jurisdiction of the Californian courts under the legislation of the state of California, USA. Upon the agreement between You and Us, the dispute may be submitted to mediation or arbitration.

Validity and acceptance of these terms of use

When You use the Product, You confirm that You have read and understood these terms of use and agree to abide by them.

We have the right to change these terms of use and any policy applicable to this Product. These changes are valid from the date of installation of it on the Website. If You continue Your use of the Product, it shall mean that You have accepted these changes.

Contact information

If You have any questions about these terms of use, please feel free to contact Us online as specified on the Website or by e-mail at contact@webwork-tracker.com

updated 25/10/2022