Legal agreements & trademarks

Trademark
Terms and conditions
Privacy policy



Trademark

WorkTime is a registered trademark by NesterSoft Inc., enlisted by the United States Patent and Trademark Office. The United States Patent and Trademark Office reference number: IC 009. US 021 023 026 036 038, IC 042. US 100 101.

All other product names and trademarks are the property of their respective holders.




Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Website Operator (“Website Operator”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the https://www.worktime.com website and any of its products or services (collectively, “Website” or “Services”).

Accounts and membership

You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you register for trial or buying any of WorkTime products or create an account for WorkTime Cloud on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Advertisements
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Website Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Website Operator or Website Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will send you an email to notify you. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Agreement, please contact us.

NesterSoft Inc.
3737 Major Mackenzie Dr. #42477
Woodbridge, ON, L4H 3M2
Canada
Owner contact email: info@worktime.com



Privacy policy

Your privacy is of the utmost importance at NesterSoft. This Privacy Policy describes our practices of collecting and retaining your data. The use of WorkTime is voluntary and every user must agree to our Terms of Service. We will never rent, sell, or provide your personalized data to a third party.

The data we collect

Automatic Data Collection
As you navigate and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, and other data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service. The automatic data collection includes cookies.
All this information is automatically collected by Google Analytics service. You may read their privacy policy at https://policies.google.com/privacy?hl=en&gl=de and compliance with the EU-US and Swiss-US Privacy Shield Frameworks statement at https://policies.google.com/privacy/frameworks?hl=en&gl=de

Contact information
When you request to evaluate one of our products, or sign up for WorkTime Cloud – we only collect the basic contact information: your name, company name (optional), phone number (optional) and email.

Payment information
Payment Information – NesterSoft Inc. does not collect and / or store your credit card information. If you have selected WorkTime product to buy we will redirect you via SSL encryption to our merchant provider (Stripe).
Here’s their general privacy policy https://stripe.com/us/privacy and EU-U.S. and Swiss-U.S. Privacy Shield Policy https://stripe.com/privacy-shield-policy

Input Devices Data
Information collected by our desktop applications (Mac and Windows) may vary depending on software type selected:
1. Information collected by on-premises software:
2. Information collected by cloud-based service:

Windows or Mac login name, computer name,
Attendance information: time when computer is actively used
Detailed information: active application, document and url.

Applications currently being worked on, web URLs visited, time you are active, whether your mouse is actively moving or not, the amount of time worked on each app / document, the browser version you are using.
Note: WorkTime is not a keylogging or spying program. It does not know what you are typing; it does not take screenshots, records video / audio, collects passwords, captures messengers chats or email contents.
This Privacy Policy also applies to information that you provide to us in email, text, and other messages.

Options to limit data collection
Because your privacy is important to us, we have built features that allow your manager to place limitations on the collection of data, or restrict such collection altogether.
We provided WorkTime products with option of visible and controlled by user monitoring: any user can start and stop monitoring whenever he wishes.
Also, there is a possibility to choose not to monitor URLs visited, applications / documents worked with.

Where your data is stored
Information collected during signup process: name, email, address, company name, phone number.
Information collected during setup process: preferred settings, team member computer’s name.

Information storing may vary depending on software type selected:
1. Information collected by on-premises software: WorkTime collects and passes all monitored data directly to our client’s server without saving and/or storing it anywhere else. In this case NesterSoft only supports the product, and a client is responsible for safety and security of all the data monitored and collected.
2. Information collected by cloud-based service: WorkTime collects and stores data at coresite.com servers.

WorkTime stores all activity, app, URLs in our Firebird database which is hosted and managed on coresite.com servers. All client error / report / log files are stored on coresite.com servers. We have chosen coresite.com services because of its industry standard security levels, uptime of data, and speed.
Here’s Coresite’s privacy policy http://www.coresite.com/privacy and information about their data center certification and operations compliance: http://www.coresite.com/data-centers/data-center-design/compliance

The right to be forgotten
NesterSoft provides options to grant the right to be forgotten to its clients:
If a client wishes to erase the data collected automatically or basic contact details, he/she can simply contact us via email and we’ll revise every case individually.
If a client wishes to delete Payment information, he/she should contact our payment processor (Stripe).
If a client wishes to delete the Input Devices Data, there are two options:
3.1. For WorkTime Corporate: simply uninstall the software or contact us via phone / email for assistance. NesterSoft only stores only your Contact information and we will delete it manually. All data collected and stored at client’s servers are managed by client solely.
3.2. For WorkTime Cloud: there is an option to delete your account right from the Dashboard.
This operation is permanent, however backup copies are stored for 6 months. After that deleting is irreversible.

Who has access to your data
If you use WorkTime in your capacity as an employee, your employer has direct access to your data. If you are an independent contractor, the person or entity with whom you contract has direct access to your data.

Using Your Information
We do not oblige you to provide us your personal information and you agree that you are providing it to WorkTime.com voluntarily. We will never rent or sell any personally identifiable information to a third party unless required to provide a service requested and agreed to by you.
NesterSoft is committed to the safety, privacy and integrity of your personal or company data.

For more questions about this privacy policy and WorkTime GDPR compliance, please contact us.