ClockDiary Terms of Use

Welcome to ClockDiary Services! The following ClockDiary Terms of Use outline your rights as well as responsibilities as a user of our services. These Terms apply specifically to the use of ClockDiary’s services provided online. Your access and use of the Services signify your agreement to these Terms.

These Terms establish a legal agreement between you and ClockDiary, and when we mention "you," we are referring to both individuals and the entities they represent. If you are accepting these Terms on behalf of any entity or employer, you confirm that you have the legal authority to bind your employer or the entity to these Terms. By accepting these Terms, you accept that you have read, understood, and agree to be bound by them on behalf of the party you represent. If you lack the legal authority to bind your relevant entity or employer, please do not click the "I agree" (or similar) button when prompted.

Please note that if you register for our Services using an email address associated with your employer or another entity, this action signifies that you represent that party. Your acceptance will bind your employer or the relevant entity to these Terms.

These Terms take effect from the date of your first click on "I agree" (or similar) or your initial use or access of our Services, whichever comes first (referred to as the "Effective Date"). Signing these Terms is not required for them to be enforceable. You express your agreement to these Terms by clicking "I agree" (or similar) when you register for a ClockDiary service, create a ClockDiary account, or place an order. For services that are offered at no charge, your acceptance of these Terms also occurs when you access or use the applicable no-charge service.

User: Account and Content

1. User Account Information: It’s important to provide accurate information when you register your ClockDiary account.
2. Account Security: You are responsible for protecting your password and for all activities conducted under your account. If you suspect any security breach or unauthorised use of your account, please notify us promptly.
3. No Unauthorized Account Usage: Using another user’s account without permission is strictly prohibited.
4. Service Restrictions: Unless such restrictions are prohibited by law, you are not permitted to disassemble, decompile, or reverse engineer the ClockDiary service or help others in doing so.
5. Human Registration and Age Requirement: All accounts must be registered by actual individuals. Accounts created using "bots" or other automated processes are not allowed. Additionally, you must be at least 13 years of age to use our service.
6. Legal and Appropriate Use: ClockDiary should not be used for any illegal or unauthorised purposes. You take the responsibility to abide by all applicable rules, laws, and regulations, including those pertaining to copyright.
7. Fees and Payment: If you have a paid account, please note that fees are generally non-refundable, except as required by law or during the 30-day money-back guarantee period. You are in charge of paying all fees as they become due. If you’ve chosen to pay with a credit card or electronic means, you authorise us to charge these fees with the chosen payment method.

User accounts are automatically renewed by default, and we may charge you for renewal on or after the renewal date linked to your account unless you’ve cancelled the service before its renewal date.

We reserve the right to change the service’s charge rates at any time, and we’ll email you to let you know if we do so at least 30 days before your subscription’s renewal date.

It’s your responsibility to provide accurate billing information to ClockDiary. We may suspend or terminate your service use if fees become overdue. You are also responsible for any applicable taxes, except taxes on our net income, and we will charge tax if required by law.

8. Satisfaction Guarantee: For paid accounts, we offer a satisfaction guarantee for all our services. If you’re unsatisfied for any reason, contact us within 30 days, and we’ll gladly issue a full refund. Please be informed that if we detect misuse of this policy, we retain the right to cancel refund privileges on an individual basis.

Use of Service

1. When using our service, you are required to adhere to certain guidelines:

●     You are not allowed to change, modify, adapt, or alter the service or make any adjustments to another website that falsely suggests an association with the service or us.

●     Access to our private API is only permitted through methods explicitly authorized by us.

●     Don’t take part in any actions that obstruct or disrupt the service, servers, or networks connected to it. This includes transmitting harmful elements like worms, viruses, spyware, malware, or any code that can cause destruction or disruption. You are not allowed to alter how our pages are presented in a user’s browser or device by inserting content, coding, or any other kind of tampering.

●     You may not try to prevent another user from utilising or benefiting from the service. Furthermore, you must not encourage or facilitate violations of these terms or any other terms we have established.

2. As part of the service, we may offer downloadable software (referred to as the ClockDiary Software). This software may receive automatic updates. Any rights, titles, and interests in the ClockDiary Software that are specific to a particular mobile or desktop operating system remain in our possession. Your use of the Software is granted under a limited, nonexclusive, non-transferable, revocable license. This license is solely for accessing the service. However, it does not constitute a sale of the Software or any copies of it. You must not copy, reproduce, republish, frame, transmit, modify, download, display, reverse engineer, sell, or participate in any sale, rent, lease, loan, assignment, distribution, licensing, sublicensing, or exploitation of Our ClockDiary Content, our Services, or any related software, except as expressly allowed in these terms.
3. Violation Consequences: Your account may be terminated if you violate these conditions at our sole discretion. We reserve the right to investigate and take legal action against any violations of these terms. We may also collaborate with law enforcement authorities to prosecute users who breach these terms. Although we are not obligated to prescreen or monitor your access or use of our service, we have the right to do so. By accepting these conditions, you agree that, in our sole discretion, we may remove or delete any information, user accounts, or other content that is objectionable or in violation of these terms.
4. Third-Party Applications: If you use third-party applications in conjunction with our service, you consent to your content being shared with such third-party applications. Reviewing their privacy policy to understand how these third-party application providers handle your content and other information is essential.

General Conditions

1. Account Suspension and Termination: Your account may be suspended or terminated at any time, or you may discontinue providing any or all of our services at our sole discretion without incurring any liability towards you. This may occur for various reasons, including but not limited to:

●        Violation of these terms.

●        Creating risks or potential legal issues for us.

●        Inactivity on a free account (no logins or replies) for 60 days.

●        Trial accounts without a payment method have expired for 30 days.

●        When continuing to provide our services is no longer commercially feasible.

We’ll try our best to provide you with reasonable notice of the suspension or termination via our service at your next login attempt or via the email address or phone number you’ve provided (if applicable). Upon termination, your content and data will no longer be accessible through your account. All licenses as well as rights granted to you under these terms, end instantly upon termination.

2. Terms and Services Updates: We have the sole discretion to modify these terms and the services we offer. We shall give you adequate notice prior to the effective date of any revised terms unless a change is required by law or for administrative purposes. You agree that we may notify you of these updates by posting them on our service, and your continued use of the service after the effective date of these updates signifies your agreement. Hence, we advise reviewing these terms and any updates before using our service. If a later date is mentioned in the modifications, the updated conditions will take effect as of the time of publishing.

These terms govern any disputes arising before the effective date of the updated terms.

3. Access Rights: We retain the right to deny access to our service for any reason at any time.
4. Identity Verification: You authorise us, or our trusted third parties, to conduct necessary inquiries to validate and authenticate your identity and account information. This may entail requesting additional information or documentation regarding your account usage or identity. It might also necessitate taking actions to prove that your email address, telephone number, or financial instruments belong to you, as well as checking them against third-party databases or other sources. This process serves internal verification purposes and may be subject to a fee.
5. Content Monitoring: At our discretion, we may remove, edit, block, or monitor content or accounts that we believe violate these terms.
6. Data Charges: You are responsible for all data charges incurred during your use of our service.
7. Content Access by Support: In some cases, it may be necessary for our employees, contractors, or agents to access your account and content to diagnose issues. When you contact our support team, your communication implies consent for such access, but if you prefer not to grant access to your account, please specify this in your communication, and we will respect your request to the extent possible.
8. Content Processing and Storage: In providing our services, we may transfer, store, and process your content in the United States or any other country where we or our agents maintain facilities. By using our service, you consent to transferring, processing, and storing your content.

User Rights

1. Ownership

In these terms, "Content" refers to various data, text, files, information, images, graphics, and more. "User Content" pertains to the content provided by account holders through ClockDiary’s services. Content includes User Content.

●     Ownership of ClockDiary Content: Unless specified otherwise, all materials within ClockDiary’s services, such as text, graphics, images, code, and more (collectively referred to as "ClockDiary Content"), are protected by copyright, trademark, and other intellectual property laws. Unauthorised use of ClockDiary Content may breach these laws and the terms. ClockDiary does not grant express or implied rights to use ClockDiary Content except as specifically stated in these terms. You agree not to copy, reproduce, or engage in various activities with ClockDiary Content without explicit permission and not to remove copyright or trademark notices.

●     Rights in User Content: ClockDiary does not claim ownership rights over the content you exclusively create or submit through your ClockDiary account. Your content remains yours, and these terms do not provide us with licenses or rights to your content, except for limited rights required for service provision. ClockDiary may access your content for improvement purposes and customer satisfaction.

●     Alerts and Notifications: You might get a variety of notifications as part of our services. You can control your notification settings, opting in or out as desired. Our service may be supported by advertising revenue, and we may display ads and promotions on the service or in conjunction with your content. Without prior notice, the form and scope of such advertisements and promotions are subject to change. We may not always label paid services, sponsored content, or commercial communications as such.

2. User Content Responsibility: You represent and warrant that you own or have the right to grant the necessary rights and licenses to the content you post on the portal. Posting your content should not violate the rights of third parties, including privacy, copyright, and other intellectual property rights. You agree to pay any applicable royalties and fees for your content.

Your use of the service means you allow ClockDiary to use your data for service provision and, when anonymised, for benchmarking and other purposes.

3. Intellectual Property and Service Interruptions: The name, logo, and other trademarks of ClockDiary are protected and may not be copied or used in any way without prior written consent.

While ClockDiary aims for uninterrupted service, there may be interruptions due to maintenance, repairs, downtime, or other factors. It’s your responsibility to maintain backup copies of your content. ClockDiary is not a backup service.

4. Content Responsibility and Non-Confidentiality: ClockDiary is not responsible for or an endorser of content posted on the portal. We do not have an obligation to prescreen or monitor content.

Your content is considered non-confidential and non-proprietary. It does not impose any obligation of confidence on our part.

5. License to Use the Service: You are granted a limited, non-transferable, and revocable license by ClockDiary to use the service for the purposes for which it is designed, subject to your acceptance of as well as compliance with these terms and applicable policies.

This license can be revoked at any time and does not include distribution, modification of ClockDiary Content, or other prohibited uses specified in the terms.

6. User Submissions: We have a policy not to accept unsolicited content, ideas, suggestions, or materials. However, if you choose to submit such content, you grant us the right and license to use it as we see fit.

You agree that submitted content will not infringe on the rights of third parties, be unlawful or obscene, or contain harmful elements.

Payments and Billing:

1. Payment Responsibility: Anyone who enrols in a Professional/Enterprise Plan or permits one to be ordered on their behalf does so under the understanding that they are responsible for all fees and costs related to the Plan. This also includes anyone designated as a payer for a Plan, either by permitting another user to specify them or assuming responsibility for the fees.
2. Subscription Fees Calculation: Unless agreed otherwise, Plan subscription fees are determined per organisation, based on the number of members within the organisation, and a monthly fee per organisation member (above 25 users). In other words, the monthly price for each member of the organisation is multiplied by the number of members in the organisation and the number of billing months to get the subscription fee.
3. Billing Cycle: The billing cycle for a Plan can be either monthly or annual, starting from the day the Plan begins or, if there is a free trial period, from the day immediately following the trial. The first day of the applicable billing cycle is the deadline for making an advance payment for the Plan.
4. Payment Method: Payments for a Plan must be made in the agreed currency using an acceptable payment method, including credit cards, PayPal, and wire transfers unless otherwise specified in the documentation.
5. Fee Changes: ClockDiary may change fees, rates, and billing cycles for the User’s Plan with one month’s notice. If the User disagrees with these changes, their only option is to cancel the Agreement or the affected Plan. Failure to do so indicates agreement with the changes.
6. Non-Refundable Fees: ClockDiary’s fees are non-refundable. This means that if the Agreement or a Plan is terminated or changed during a billing period, the User will not receive any refunds for that period. Payments for future billing periods will only be refunded if explicitly agreed.
7. Upgrades or Downgrades: When upgrading or downgrading from one paid Plan to another, any prepaid amounts for the original plan will be applied to the payment for the new Plan.
8. Taxes and Dues: ClockDiary’s fees do not include value-added, sales, withholding taxes, or other public dues unless explicitly stated otherwise. The User is responsible for any public dues related to their purchase, receipt, import, export, use, or enjoyment of the service.
9. Currency Conversion: Payments to the ClockDiary must be made in full without subtracting currency conversion or payment-related charges.
10. Payment Processing: Payments are handled by third-party service providers, and ClockDiary holds no responsibility for these parties or their services. Late payments may result in service suspension, restricted access to features, or agreement termination.
11. Interest on Overdue Amounts: ClockDiary may, at its discretion, charge interest on overdue amounts at a rate of 18% per annum or the relevant statutory rate, as chosen.

DISCLAIMER OF WARRANTIES

OUR SERVICE, INCLUDING ALL ITS COMPONENTS AND CONTENT, IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE EXTREME EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY INDIVIDUALS ASSOCIATED WITH US, INCLUDING EMPLOYEES, MANAGERS, CONTRACTORS, OFFICERS, SUPPLIERS, LICENSORS, OR AGENTS (COLLECTIVELY, THE "CLOCKDIARY PARTIES"), MAKE ANY REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, REGARDING (A) THE SERVICE; (B) OUR CONTENT; (C) USER-GENERATED CONTENT; (D) SECURITY IN CONNECTION WITH TRANSMITTING INFORMATION TO US OR VIA OUR SERVICE.

FURTHERMORE, THE CLOCKDIARY PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREE FROM COMPUTER VIRUSES.

THE CLOCKDIARY PARTIES DO NOT GUARANTEE THAT THE SERVICE WILL BE FREE FROM INTERRUPTIONS OR ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER MAKING IT AVAILABLE IS FREE FROM HARMFUL COMPONENTS SUCH AS VIRUSES OR SECURITY BREACHES.

WE DO NOT CLAIM THAT THE INFORMATION, INCLUDING ANY INSTRUCTIONS, ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE COMPLIES WITH THE LAW IN ANY PARTICULAR JURISDICTION, AND WE EXPLICITLY DISCLAIM SUCH WARRANTIES.

Please be aware that if some jurisdictions don’t allow the exclusion of implied guarantees or if such jurisdictions have restrictions that explicitly apply to you, the aforementioned disclaimer may not apply to you. You represent and warrant that your actions are legal in each and every jurisdiction where you use the service by accessing or using the service.

The ClockDiary parties expressly disclaim all responsibility as well as liability for any loss, damage (be it direct, indirect, consequential, punitive, or otherwise), injury, claim, liability, or other cause originating from or linked to any content and do not support the content.

License Limitations

ANY ACTIONS BY USERS AIMED AT DISRUPTING OR INTERFERING WITH OUR SERVICE, INCLUDING ACTIVITIES THAT UNDERMINE OR MANIPULATE THE LEGITIMATE OPERATION OF OUR SITES OR SERVICE, WILL BE CONSIDERED VIOLATIONS OF OUR POLICIES. SUCH ACTIONS MAY ALSO CONSTITUTE VIOLATIONS OF BOTH CRIMINAL AND CIVIL LAWS.

ASIDE FROM OTHER AVAILABLE REMEDIES, WE RETAIN THE RIGHT TO LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR SPECIFIC PARTS OF IT IF WE HAVE REASON TO BELIEVE THAT USERS ARE NOT COMPLYING WITH THE TERMS OF SERVICE OR ARE ENGAGED ACTUALLY OR SUSPECTED USING THE SERVICE ILLEGALLY OR INAPPROPRIATELY. THESE ACTIONS MAY BE TAKEN WITH OR WITHOUT PRIOR NOTICE TO USERS. ACCOUNT TERMINATION OR LIMITATION MAY RESULT IN THE LOSS OF USER ACCOUNTS, USER-GENERATED CONTENT, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, OR PURCHASED ITEMS ASSOCIATED WITH THE USE OF THE SERVICE. WE ARE NOT OBLIGATED TO PROVIDE COMPENSATION FOR SUCH LOSSES OR CONSEQUENCES.

WE MAY TAKE THESE ACTIONS IF WE BELIEVE THAT USERS ARE CREATING RISKS OR POTENTIAL LEGAL LIABILITIES, INFRINGING ON THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE INTENT OR GUIDELINES OF OUR TERMS AND POLICIES. ADDITIONALLY, WE MAY SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY REPEATEDLY INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES AT OUR SOLE DISCRETION.

We retain the right to discontinue offering and/or supporting the service or specific elements of it, either temporarily or permanently. In such cases, we are not required to give users any refunds, benefits, or other compensation for the services that have been stopped.

Limitation of Liability; Waiver

1. Under no circumstances shall ClockDiary or its affiliated parties be held liable for any losses of any kind, including direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages. This includes losses or damages that are directly or indirectly related to:

●     The use of the ClockDiary Service.

●     Content provided by ClockDiary.

●     User-generated content.

●     Your use of, inability to use, or the performance of the ClockDiary Service.

●     Any actions made during inquiries by ClockDiary or law enforcement officials into the usage of the ClockDiary Service by you or any other party.

●     Any actions taken concerning copyright or other intellectual property rights.

●     Errors or omissions in the operation of the ClockDiary Service.

●     Any harm done to a user’s computer, phone, or other technology, including but not limited to damage brought on by security flaws, malware, bugs, fraud, mistakes, interruptions, defects, delays in operation or transmission, computer line or network failures, or any other technical issue.

●     This covers damages for lost revenue, diminished goodwill, lost data, lost productivity, inaccurate results, and computer failures or malfunctions, even if they were foreseen or ClockDiary was informed of them or ought to have been aware of their potential. This holds true for incidents involving contracts, carelessness, strict liability, or torts, regardless of whether they resulted from whole or partial negligence, acts of God, telecommunications failures, theft, or service destruction.

2. Any loss, damage, or injury, including to death or bodily injury, will never be the responsibility of ClockDiary or any of its related parties. As some countries do not permit the exclusion or limitation of consequential or incidental damages, these above limitations may not apply to you. ClockDiary’s total liability to you for all damages, losses, or causes of action will never exceed one hundred dollars ($100).
3. You acknowledge that if you suffer losses, injuries, or damages as a result of ClockDiary’s actions or inactions, those losses, injuries, or damages will not be irrevocable or sufficient to entitle you to an injunction preventing the use of the ClockDiary Service. No website, service, asset, thing, or other thing of value owned or under the control of ClockDiary may be developed, produced, distributed, advertised, displayed, or exploited by you.
4. You acknowledge that by using the ClockDiary Service, you may be surrendering rights with regard to claims that are currently unknown or unrecognised. You expressly waive the advantages of any comparable laws or regulations in line with such waiver, and you hereby accept that you have read, understood, and agreed to such waiver.
5. You release ClockDiary from any charges and damages, known and unknown, arising out of or in any way associated with any claim you may have against any such third parties. ClockDiary is not liable for third parties’ conduct, statements, information, or data.

Termination

1. User-initiated Termination: ClockDiary does not have the capability to enable End Users to close their User Accounts.
2. Termination by ClockDiary: ClockDiary reserves the right, at its sole discretion and for any reason, to terminate ClockDiary Services with the User. Such termination will take place thirty (30) days after the notice of termination is sent to the User.

Upon the termination of the license to use ClockDiary’s services, the User is required to perform the following actions:

●     Delete ClockDiary and all related Content from all devices.

●     Ensure that all End Users who accessed ClockDiary through licenses provided by the User cease their activities as authorised by the Terms.

●     Provide ClockDiary with evidence that all authorised activities have ceased.

The User acknowledges and agrees that when these Terms are terminated:

●     All previously granted rights to the User will end.

●     The User must discontinue all activities permitted by these Terms.

●     Any outstanding amounts owed to ClockDiary will become immediately due.

●     User Data and other information associated with the User’s Account may be deleted or rendered inaccessible.

●     Any obligations related to the use of Software will persist until the User has completely removed the Software from their devices, systems, and storage media.

The User must send a written statement to ClockDiary confirming the permanent deletion of the software and the cessation of its use. However, the User may export and retain User Data or User Content through an "export" option available in ClockDiary before the termination date. Until ClockDiary receives the written confirmation from the User, it will be assumed that he/she is still using ClockDiary.

Indemnification

You (and any third party for whom you manage an account or activity on ClockDiary) agree to, upon our request, defend, indemnify, and protect the interests of ClockDiary and its associated parties against any claims, damages, liabilities, losses, and expenses, including reasonable attorney’s fees and costs. This indemnification pertains to situations linked to any of the following, whether due to your direct actions on ClockDiary or actions conducted on your behalf:

●     Your content or method of ClockDiary service usage.

●     A violation—or claimed violation—by you of these terms.

●     Any violation of another party’s rights, including those to their property, privacy, or intellectual property.

●     Any violation of laws, rules, regulations, codes, statutes, ordinances, or orders by governmental or quasi-governmental authorities, including legislative, administrative, and regulatory organisations.

●     Any false statements you may have made.

You consent to assist us completely in the defence of any claim. You may not reach an agreement about any claim without our prior written agreement, and we reserve the right to take sole control of the investigation, prosecution, and defence of any case for which you are obligated to indemnify. You acknowledge, however, that you will be solely and completely responsible for the cost of such defence.

Miscellaneous

The validity of the remaining provisions will continue to be in full force and will not be affected if any provision of these Terms is found to be null and void by a court of competent jurisdiction. If any provision of these Terms violates a mandatory rule of applicable law and, as a result, becomes void, it will be considered amended to comply with the law in those specific circumstances and only to the extent necessary to render the provision valid while preserving its original meaning.

All notices to ClockDiary should be sent to support@clockdiary.com. ClockDiary may notify you through the email address associated with your User Account or via mail to the address provided by the relevant Business User. Notice will be considered received the next day when sent through a User Account or email.

Any right or provision in these Terms we fail to enforce does not imply that we have waived that right or provision. All prior agreements and understandings are superseded by (and shall be deemed to be replaced by) this Agreement (as amended from time to time) and any agreements mentioned herein. Any provision in these Terms that conflicts with a statement, representation, or other piece of information available on the ClockDiary Services or in other documents or communications will be given precedence.

You, your executors, beneficiaries, successors, and assigns are all bound by these terms. Without our prior written consent, which we may withhold at our discretion, you may not assign these Terms to any third party. Without this consent, any attempted assignment will be regarded as invalid. We hold the right to assign these Terms without informing you first.