Effective date: Nov 8, 2023 The WorkTime acceptable use policy (AUP) is a legal document that outlines the terms and conditions governing the use of WorkTime software as a service (referred as Service). This agreement sets forth the rights and responsibilities of users (referred as Users) and NesterSoft Inc. (referred as Company), addressing important aspects such as licensing, user obligations, intellectual property, data security, and dispute resolution. By using Service, Users agree to be bound by the terms and conditions detailed in the AUP. It is essential to review this document carefully to understand the rules and expectations associated with using Service. The AUP is designed to ensure a fair and transparent relationship between Users and Company, promoting a secure and efficient Service experience.
By using Service, you agree to be bound by these terms and conditions. Please read them carefully. If you do not agree to these terms, please do not use Service. Your use of Service, including but not limited to accessing, browsing, or registering for an account, constitutes your acceptance of these terms and your agreement to be bound by them. If you are entering into this agreement on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to these terms.
We (Company) reserve the right to modify or amend these terms at any time. Such changes will become effective upon posting on our platform. Users are responsible for reviewing these terms regularly to stay informed of any updates. Your continued use of Service after any modifications will constitute your agreement to be bound by the updated terms. If you do not agree to any modifications, please discontinue using Service. We will make reasonable efforts to notify users of significant changes, but it is ultimately User's responsibility to stay informed about the current terms.
Company grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use Service solely for the internal business purposes, subject to the terms and conditions of this agreement. This license does not grant Users any rights to sublicense, sell, transfer, or distribute Service to any third party. Users may only use Service as permitted by these terms, and any use for unlawful or prohibited purposes is strictly prohibited. The license is contingent on Users' compliance with all applicable laws and regulations, as well as adherence to Company's policies. Company reserves the right to terminate or suspend User's license for any violations or misuse of Service. This license does not grant Users any ownership rights to Service or any of its content. All rights not expressly granted to Users are reserved by Company.
While using Service, Users agree not to: - Copy, reproduce, or distribute , or any portion thereof, in any manner not expressly authorized by this agreement. - Modify, adapt, translate, reverse engineer, decompile, or disassemble Service or attempt to derive its source code. - Interfere with, disrupt, or compromise the integrity or security of Service, servers, or networks. - Access or use Service for any unlawful or unauthorized purposes. - Share your login credentials with others or allow others to access your account. - Use Service to transmit, store, or process any malicious Service, viruses, or harmful content. - Engage in any activity that violates applicable laws, regulations, or third-party rights. - These restrictions are in place to ensure the security, integrity, and lawful use of Service. Failure to comply with these restrictions may result in the termination of User's license and potential legal action.
To access and use Service, Users are required to register an account. When doing so, Users agree to provide accurate, current, and complete information. Users also agree to maintain and promptly update this information to ensure its accuracy. Users are responsible for maintaining the confidentiality of the account credentials, including User's username and password. Users are solely responsible for all activities that occur under the account, and Users agree to notify Company immediately of any unauthorized access or use of the account. We (Company) reserve the right to suspend or terminate any account if we have reason to believe that the information provided is inaccurate or if Users fail to comply with the security and usage guidelines associated with the account.
In connection with User's use of Service, Users agree not to: - Engage in any unlawful or prohibited activity, including but not limited to the violation of applicable laws and regulations. - Use Service in a manner that infringes upon the intellectual property rights, privacy, or other rights of third parties. - Access, collect, or store data from Service for purposes other than those expressly permitted by this agreement. - Interfere with or disrupt the functionality and security of Service or the systems and networks connected to them. - Share, resell, or sublicense Service or any part thereof to third parties without our prior written consent. - Use Service for any purpose that is harmful, malicious, or unlawful. - Violate the terms and conditions of this agreement or any other policies and guidelines provided by Company. - These use restrictions are in place to ensure the lawful, secure, and ethical use of Service. Violation of these restrictions may result in the suspension or termination of User's account.
As a User of Service, you agree to pay the applicable subscription fees according to the pricing plan you have selected. These fees are outlined on our platform and vary depending on the plan, features, and duration you choose. Payment terms - Billing cycle: Subscription fees are billed on a recurring basis, monthly or annually, depending on the selected plan. - Payment method: Users are required to provide a valid payment method, such as a credit card, to pay for the subscription. By providing payment details, Users authorize Company to charge the specified fees. Fee changes Company reserves the right to change Service subscription fees. Any fee changes will become effective at the beginning of your next billing cycle. We will make reasonable efforts to notify you of such changes. Continued use of Service after fee changes constitute your agreement to the updated fees. Cancellation and refunds Users may cancel their subscription at any time, but we (Company) do not provide refunds or credits for any unused subscription periods. User's access to paid features will continue until the end of the current billing cycle. Non-payment Failure to pay subscription fees may result in the suspension or termination of your account.
All intellectual property and proprietary rights associated with Service, including but not limited to patents, copyrights, trademarks, and trade secrets, remain the exclusive property of Company or its licensors. Users do not acquire any ownership rights by using Service.
The content provided through Service, including text, images, graphics, audio, and video, is protected by copyright and other intellectual property laws. This content is owned or licensed by Company, and Users are granted a limited, non-exclusive right to access and use it for their personal and internal business purposes. Users may not reproduce, distribute, modify, or create derivative works from this content without prior written consent.
If Users provide user-generated content to our platform, they grant Company a worldwide, royalty-free, non-exclusive, and perpetual license to use, reproduce, adapt, publish, translate, and distribute such content. This license is solely for the purpose of operating and improving Service.
We (Company) appreciate Users' feedback on Service but request that you do not submit any ideas, suggestions, or other materials that you consider to be confidential or proprietary. By providing feedback, Users grant us the right to use and share it for any purpose without any compensation or obligation to you.
Users have the right to terminate their use of Service at any time by following the termination process outlined below: Termination process To terminate User's account, Users may use the designated account closure feature provided on our platform or contact our customer support. Following this process, your access to Service will cease. Effect of termination Upon termination, User's rights to access and use Service will immediately cease. Any data, content, or information associated with the account may be permanently deleted. Company is not liable for any loss of data that occurs as a result of the termination. Outstanding fees Termination does not exempt Users from any outstanding subscription fees or other financial obligations incurred prior to the termination date. Any unpaid fees remain due and payable.
Company reserves the right to terminate User's account and access to Service under the following circumstances: Violation of terms Company may terminate User's account if User violates any terms or policies outlined in this agreement or if User's actions are in breach of applicable laws and regulations. Non-payment Failure to pay subscription fees or other financial obligations may result in the suspension or termination of User's account. Inactivity Company may terminate accounts that have been inactive for an extended period of time. Legal requirements Company may terminate User's account if required to do so by applicable law or at the request of law enforcement or government agencies. Effect of termination Upon termination by Company, User's rights to access and use Service will immediately cease. Any data, content, or information associated with User's account may be permanently deleted. Refunds If Company terminates User account due to violations of our terms, no refunds or credits will be provided for any unused subscription periods.
Upon termination of User's account, the following effects will apply: Access and usage User's rights to access and use Service will immediately cease. User will no longer have access to the account or any associated features. Data and content Any data, content, or information associated with User's account may be permanently deleted. Company is not responsible for preserving or providing access to this data after termination. Refunds If termination occurs due to a violation of our terms, no refunds or credits will be provided for any unused subscription periods. Outstanding fees Termination does not exempt Users from any outstanding subscription fees or other financial obligations incurred prior to the termination date. Any unpaid fees remain due and payable.
Company's Service is provided "as is" and "as available" without any warranties, express or implied. Company disclaims all warranties, including but not limited to: Accuracy and reliability We do not warrant that Service will be accurate, error-free, or uninterrupted. We make no representations regarding the reliability, accuracy, or quality of any content or information available through our platform. Fitness for a particular purpose Company does not guarantee that Service will meet User's specific requirements or expectations. Users acknowledge that they have independently assessed the suitability of Service for their needs. Security Company makes no assurances about the security of User's data or information transmitted through Service. Users acknowledge that data transmission over the internet may not be completely secure. Compliance Company does not warrant that Service comply with the laws, regulations, or requirements of any specific jurisdiction. Errors and bugs Company does not guarantee that any errors, bugs, or defects in Service will be corrected. You use Service at your own risk. Third-party content Company is not responsible for the content, actions, or omissions of third parties that may be integrated with or linked to Service. Limitation of liability Users acknowledge that Company shall not be held liable for any damages or losses arising from the use of Service.
Company and its affiliates, officers, employees, agents, and partners 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, regardless of whether Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such cases, the liability of Company is limited to the fullest extent permitted by law. Third-party actions Company is not responsible for any actions, content, or services provided by third parties that may be integrated with or linked to Service. Users agree that any claims or disputes related to third-party services are solely between User and the third party. Total liability In no event shall the total liability of Company and its affiliates, officers, employees, agents, and partners exceed the amount Users have paid to Company for the use of Service during the six (6) months preceding the event giving rise to the liability.
Users agree to indemnify, defend, and hold harmless Company, its affiliates, officers, employees, agents, and partners from and against any claims, actions, demands, liabilities, expenses, and costs, including reasonable attorney's fees, arising out of or in connection with: Violation of terms Any violation of this agreement, including but not limited to the breach of any representations, warranties, or covenants made herein. Third-party claims Any claims brought by third parties related to User's use of Service, including but not limited to claims of infringement, data privacy violations, or unlawful activities. User-generated content Any content you as a User submit or transmit through Service, including claims for defamation, libel, slander, infringement, invasion of privacy, or other violations of third-party rights. Legal compliance Failure to comply with applicable laws, regulations, or requirements, including any violations of intellectual property, data protection, or export control laws. Losses and damages Any losses, damages, or liabilities incurred by Company or third parties as a result of User's actions or omissions in connection with User's use of Service.
Data protection Company is committed to maintaining the security and confidentiality of User's data. We employ industry-standard technical and organizational measures to protect Users' data from unauthorized access, disclosure, alteration, and destruction. Encryption User's data is encrypted during transmission and storage to enhance its security. Company uses encryption protocols to safeguard your data from interception and unauthorized access. Access control Access to User's data is restricted to authorized personnel who have a legitimate need to access it for the purpose of providing our services. Company implements access control mechanisms to prevent unauthorized access to your data. Monitoring Company regularly monitors Service and infrastructure for potential vulnerabilities and security threats. This monitoring helps Company detect and mitigate security issues in a timely manner. Data backups Company maintains data backup procedures to prevent data loss in case of system failures or unforeseen events. However, Users acknowledge that data loss may still occur, and Users are responsible for regularly backing up their data. User responsibilities While Company takes security measures to protect User's data, Users are responsible for taking precautions to ensure the security of their login credentials and the data they upload to Service. Users must promptly report any security concerns or suspected breaches to Company. Third parties Company may engage third-party service providers to assist in the maintenance and security of Service. These providers are contractually obligated to adhere to our data security standards. Incident response In the event of a data security breach that may compromise User's data, Company will promptly inform User in accordance with applicable laws and regulations.