Time Tracking – Terms of Service
ClowdWork shall provide its software and website merely as a service (“Service”) to you, subject to the ClowdWork Terms of Service (“CWTOS”) and shall not be construed in any way as a contract for any other purpose. ClowdWork reserves the right to amend the CWTOS at any time. Should there be such amendments, these shall become effective only upon the posting of the CWTOS, as amended, on our website.
REGISTERING FOR THE SERVICE
Membership registration is required before you can access the Service. You agree to provide complete, true and accurate information, as may be required, when registering for the Service and to promptly update these should there be any subsequent changes thereto.
ClowdWork reserves the right to suspend or terminate your membership and/or access to the Service should it be found that any of the information you provided in your membership registration is untrue, inaccurate, or incomplete, or should reasonable grounds arise for ClowdWork to suspect that the information you provided are untrue, inaccurate, or incomplete.
ClowdWork does not assume any obligation to provide any third party facilities for access to the Service. You are responsible for obtaining access to the Service, which responsibility may include providing the necessary equipment and payments for fees and charges to third parties for data, Internet, and other services.
Every time you access the Service shall be possible only upon entering your login name and password which you initially set during the registration process. You shall be responsible for maintaining the confidentiality of your password and login name, and shall likewise be responsible for all your activities and transactions, including payment of purchases and fees incurred, arising from the use of your login name and password.
ClowdWork does not assume any liability whatsoever for the use of your login name, password or credit card information. Any and all purchases and fees incurred arising from your membership shall be for your account.
You undertake to immediately notify ClowdWork of any unauthorized use of your membership or any other breach of security upon discovery thereof. ClowdWork shall assume no liability whatsoever for any unauthorized access to the Service using your login name and password prior to such notice.
Membership registration with the Service is free. Upon prior notice however, your access to certain components of the service shall be charged an appropriate fee which shall be payable through credit card.
By using a credit card for the payment of the fees, you represent and warrant to ClowdWork that you are the authorized card holder and absolve ClowdWork of any liability for any charges arising from the use of the Service.
For single transactions, ClowdWork shall charge the fees to your credit card once while recurring fees will be charged to your credit card on a monthly basis. ClowdWork reserves the right to amend its schedule of fees and/or change its billing methods. Should you find any change or amendment unacceptable, you may opt to cancel your membership without however any right to demand refund for fees that have already accrued prior to such cancellation. ClowdWork reserves the right to impose upon you any sales or use taxes which the Service may be subjected to.
PROHIBITED USES OF THE SERVICE
Your access to and use of the Service shall be construed as an express undertaking on your part that, you will not:
Impersonate any person, including any ClowdWork employee or agent;
Violate any local, state, or national law; harass other people or collect or store data about them;
Use any device, software or routine that would, in any way, interfere or attempt to interfere with the normal operation of the Service;
Employ any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Service or of its components;
Use the Service in any manner not expressly authorized in the CWTOS;
Reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion thereof, including its use and access, for any commercial purposes.
RIGHTS TO OWNERSHIP AND TRANSFER
The access and use of the Service as provided in these CWTOS do not constitute as a transfer or sale of ClowdWork’s ownership rights in the ClowdWork Database. ClowdWork retains all rights, title, and interest in and to the ClowdWork Database including all related intellectual property rights. You agree to use your best efforts in preventing and protecting the contents of the ClowdWork Database against any unauthorized use or distribution. You agree not to sell, assign, rent, lease, sublicense, loan, distribute, transmit, or otherwise transfer any content of the service, including the ClowdWork Database, as well as your rights and obligations under the CWTOS. You likewise agree not to copy or reproduce in any form; alter, modify, or create derivative works or publicly display any content of the Service, including the ClowdWork Database, except those expressly authorized in the CWTOS.
Any minor below the age of thirteen (13) years old is expressly prohibited from accessing, purchasing, or using any of ClowdWork’s products and services. By registering your membership with ClowdWork, installing, accessing and using the Service, and accepting these CWTOS, you represent and warrant to ClowdWork that you are already thirteen (13) years old at the very least.
You represent and warrant to ClowdWork: (a) that you have full power, authority, and legal capacity to enter into the Agreements and abide by its obligations, and if registering on behalf of a company or other entity, that you have been conferred full authority to bind your principal or employer company; (b) you have provided complete and accurate information to ClowdWork; and (c) you will pay ClowdWork all charges at the prevailing rate when these charges were incurred.
You agree to indemnify and hold ClowdWork, and its subsidiaries, affiliates, officers, agents, and employees, free and harmless from any claim or demand, including those for reasonable attorneys’ fees and/or litigation costs, made by any third party due to or arising from your use of the Service and for any violation of the CWTOS or rights of any third party.
CHANGES TO THE SERVICE
ClowdWork reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service or any part of thereof with or without prior notice. ClowdWork shall assume no liability to you or to any third party for any modification, suspension, or discontinuance of the Service.
You retain the right to terminate or cancel your membership at any time.
You may likewise cancel your membership or subscription to a particular component of the Service, as a matter of right and as your only available remedy, in case of any disagreement or dispute with ClowdWork such as, but not limited to those related to, or arising out of:
(a) The interpretation of the CWTOS or of ClowdWork’s enforcement or application of the CWTOS;
(b) Any policy or practice of ClowdWork, including those on privacy, as well as on their enforcement and/or application;
(c) Data available through the Service;
(d) Access and use the Service; or
(e) Amount and nature of imposed fees, surcharges, applicable taxes, and any ClowdWork billing methods.
ClowdWork retains its sole discretion to terminate your membership and remove and discard any of your Recommendations without prior notice and based on reasonable grounds, for suspected violations on your part or for acts inconsistent with the CWTOS. ClowdWork assumes no liability to you for the termination of your membership to the Service.
DISCLAIMER OF WARRANTIES
THE SERVICE IS AVAILABLE FOR YOUR USE AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CLOWDWORK EXPRESSLY DISAVOWS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CLOWDWORK ASSUMES NO WARRANTIES FOR THE ACCURACY AND TRUTHFULNESS OF MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE. THE DOWNLOAD AND USE OF THESE DATA SHALL BE AT YOUR OWN DISCRETION AND RISK. ANY DAMAGE, LOSS OF DATA OR ANY FORM OF INJURY RESULTING FROM YOUR USE OF THE SERVICE SHALL BE YOUR SOLE RESPONSIBILITY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOWDWORK OR THROUGH OR FROM THE SERVICE SHALL CONSTITUTE AS AN EXPRESS OR IMPLIED WARRANTY EXCEPT THOSE EXPRESSLY STATED IN THE CWTOS.
THE FOREGOING DOES NOT APPLY IN JURISDICTIONS PROHIBITING THE DISCLAIMER OF IMPLIED WARRANTIES. THIS WARRANTY HOWEVER IS APPLICABLE ONLY WHEN AND WHERE IT MAY BE AVAILABLE IN ADDITION TO OTHER SPECIFIC LEGAL RIGHTS THAT MAY BE AVAILABLE FROM STATE TO STATE.
LIMITATION OF LIABILITY
CLOWDWORK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (NOTWITSTANDING PRIOR ADVISE TO CLOWDWORK OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL CLOWDWORK’S TOTAL LIABILITY, IF ANY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER THEY ARE BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED:
(A) THE AMOUNT OF FEES PAID BY YOU TO CLOWDWORK IN THE 12 MONTHS PRECEDING THE CAUSE OF ACTION THAT GAVE RISE TO LIABILITY, IF ANY, OR
(B) THE AMOUNT OF US$100, WHICHEVER IS LOWER.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE CWTOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ClowdWork, the ClowdWork logo, and other ClowdWork logos, products and service names are trademarks of and belong exclusively to ClowdWork. You may not display or use them in any form without prior consent of ClowdWork.
Excluding any legal action instituted by ClowdWork to collect fees, recover damages, or to secure an injunction order, ClowdWork’s intellectual property rights or the Service, any other legal controversy or claim arising out of or relating to the Service, CWTOS or ClowdWork’s intellectual property rights, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any compromise or settlement reached shall be final and immediately binding upon the parties herein.
Arbitration for any controversy or claim shall proceed independently and shall not be consolidated with any other arbitration proceedings relating to claims or controversies involving any other parties. The arbitration proceedings shall be exclusively conducted within Delaware, and judgment on the arbitration award may be entered with any court having jurisdiction. Either party herein may seek appropriate interim or preliminary relief from a court of competent jurisdiction in Delaware to protect his/its respective rights or property pending the completion of arbitration. Should either party herein file an action in contravention of this provision, the other party may recover attorney’s fees and costs not to exceed the amount of $1,000.00.
ClowdWork may communicate with you and provide notifications in accordance with the CWTOS through email, regular mail, or conspicuous notices and/or links of notices to you posted on the Service.
The CWTOS constitutes the all the terms agreed upon between you and ClowdWork as to the use of the Service, and there can be, between the parties herein and their successors in interest, no evidence of such terms other than the contents of the CWTOS, superseding any prior agreements between you and ClowdWork. However, additional terms and conditions may be imposed upon you should you use other ClowdWork products or services.
The CWTOS, including the relationship between you and ClowdWork, shall be governed exclusively by the laws of the State of Delaware notwithstanding its conflict of law provisions.
The failure of ClowdWork to exercise or enforce any right or provision of the CWTOS shall not be construed as a waiver to exercise its right or enforce such provision. Any provision of the CWTOS declared to be invalid or unenforceable shall not affect or invalidate the remaining provisions of the CWTOS which shall remain in full force and effect.
Any claim or cause of action arising out of or related to use of the Service or the CWTOS must be filed within 6 months after the claim or cause of action accrues; otherwise, the same shall be forever barred.
TASK MANAGEMENT – TERMS OF SERVICE
ClowdWork Terms of Service
By using the ClowdWork (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Clowd Technologies Inc. (“Company”) reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of your account.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
Payment, Refunds, Upgrading and Downgrading Terms
The Service is offered with a free trial for 14 days. If you need more than 14 days, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
Refunds are processed according to our fair refund policy.
Cancellation and Termination
You are solely responsible for properly canceling your account. All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information cannot be recovered once it has been permanently deleted.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Prices of all Services are subject to change upon 30 day notice from us. Such notice may be provided at any time by posting the changes to the ClowdWork site or the Service itself.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law.
We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided via email and live chat.
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service.
You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support@ClowdWork.com.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Seller: Clowd Technologies SAS