Software License Agreement

General
1. Timeular GmbH, Andreas Hofer Strasse 43, 6020 Innsbruck, Austria, registered under company register number 446345s at the regional court of Innsbruck as company register court, [email protected] (“Timeular“, “we“, “us“) provides software, including apps, for macOS, Windows, Linux, iOS and Android which can also be used in conjunction with Timeular products (personal time tracking devices). Please read these terms of use (hereinafter the “Terms of Use“) carefully before using the software provided to you by Timeular (the “Software“). These Terms of Use exclusively govern the relationship between you as a customer (“User“, “you“) and Timeular. You accept these Terms of Use through your click on the respective checkbox in the registration or buying process and by clicking on the “Accept”-Button. You confirm that you accept these Terms of Use and that you are legally bound by them. If you do not agree to these Terms of Use, do not install and/or use the Software.
2. The Software, and any third party software, documentation, interfaces, content, fonts and any data accompanying these Terms of Use whether in read only memory, on any other media or in any other form are licensed, not sold, to you by Timeular for use only under these Terms of Use. Timeular retains ownership of the Software itself and reserves all rights not expressly granted to you.
3. Timeular makes its software available with different features. The “Personal” version includes the personal features you need to track and analyse your time. All versions can also be used in conjunction with the Timeular device.The software version “Personal Pro” and “Team” have additional features.
4. Timeular, at its discretion, may make available future upgrades or updates to the Software for your compatible Timeular product. The Software upgrades and updates, if any, may not necessarily include all existing software features or new features that Timeular releases for newer or other models of its products. These Terms of Use will govern any software upgrades or updates provided by Timeular to the original Software, unless such upgrade or update is accompanied by a separate license in which case you will have to agree to those terms of that license which will govern such upgrade or update in order to use such upgrade or update. In case you are using a paid software version your software license may include updates. The obligations on the part of Timeular can be found in the description of your software package or product, which you can access here.
Permitted Use and Restrictions
1. Subject to these Terms of Use, you are granted a limited, non-transferable, non-exclusive license to install and use the Software on any compatible Timeular product that you own or control. You may not distribute or make the Software available over a network where it could be used by multiple products at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software.
2. The Software is supported only on Timeular devices that meet specified system requirements as indicated by Timeular.
3. Title and intellectual property rights in and to any content displayed by or accessed through the Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in these Terms of Use, these Terms of Use do not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
4. You may not, and you agree not to or enable others to, copy (except as expressly permitted by these Terms of Use), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Software).
5. You may not exploit or use the Software or any portion or content thereof in any manner other than as set forth in these Terms of Use or misuse the Software for marketing purposes of your own services.
6. You may not automate the crawling, scraping, cashing or otherwise exploiting any content of the Software and the website.
7. You may not use the Software in any manner that could interrupt, suspend, slow or inhibit the continuity of the Software or interfere or attempt to interfere with our Software or IT infrastructure, divert system resources or place an unreasonable load on the infrastructure of the Software, or attack or attempt to attack any security or authentication measures of the Software or our IT infrastructure.
8. You agree to use the Software and the services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software. Features of the Software may not be available in all languages or regions.
Warranties for consumers
1. The statutory warranty law shall apply to consumers.
Warranties for entrepreneurs
1. The warranty for entrepreneurs is excluded to the extent permitted by law.
Timeular’s liability towards consumers
1. Timeular shall be liable for damages to consumers – irrespective of the legal grounds – in the event of intent and gross negligence.
2. In the case of slight negligence, Timeular shall only be liable
  1. for damage resulting from injury to life, body or health,
  2. for damage to items accepted for processing, unless something else has been negotiated in detail with the consumer regarding damage to items accepted for processing,
  3. for damage under the Austrian Product Liability Act and
  4. for damage resulting from the breach of an essential contractual obligation, i.e. an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the consumer regularly relies and may rely. The essential contractual obligation in this case is the provision of the Software.
3. Furthermore, the liability of Timeular towards consumers is not limited by any provision of these Terms.
Timeular’s liability towards entrepreneurs
1. Timeular is only liable towards entrepreneurs for the compensation of damages which he has caused severe grossly negligent or intentionally. He is not liable for indirect damages, lost profit, loss of interest, missed savings, consequential and pecuniary damages and damages from third party claims. Liability is also limited to the costs of remedying the damage, unless the damage was caused intentionally.
2. The User must prove the existence of severe gross negligence or intent.
3. Claims for damages of Users (entrepreneurs) against Timeular are subject to a limitation period of 12 months from knowledge of the damage and the damaging party. The absolute limitation period of claims for damages of Users (entrepreneurs) against Timeular is ten years from the conclusion of the contract.
Termination
1. These Terms of Use are effective until terminated. Your rights under these Terms of Use will terminate automatically or otherwise cease to be effective without notice from Timeular if you fail to comply with any term(s) of these Terms of Use (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the terms of these Terms of Use).
2. Furthermore, we may, at any time, terminate your right to use the Software if:
  1. you fail to make the timely payment of fees for the use of the Software, if any;
  2. we are required to do so by law (for example, where the grant of the Software to you is, or becomes, unlawful);
  3. we elect to discontinue the Software, in whole or in part for objectively justifiable reasons, e.g. if it would require a significant effort for us to continue offering the software in your region or due to a change of law;
3. Upon the termination of these Terms of Use, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Sections 2.4, 3, 4, 5, 6, 7 and 8 of these Terms of Use shall survive any such termination.
Changes
1. We reserve the right to make changes to these Terms of Use. We will notify you via email at least 14 days in advance of any change and provide you with the new version of the Terms of Use. If you do not object to the change within 14 days, we will assume that you have agreed to the updated Terms of Use. If you are a consumer, we will also inform you separately in this notification of your right to object and the consequences thereof. If you object to the changes, the originally agreed version of the Terms of Use will apply to you, unless we terminate these Terms of Use in accordance with section 7.
Law and jurisdiction
1. These Terms of Use are governed by the laws of Austria, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980).
2. This choice of law does not result in a consumer being deprived of the protection afforded to him/her by those provisions which, under the law of the country in which he/she has his/her habitual residence, may not be derogated from by agreement (favourability principle).
3. Any dispute arising out of or in connection with these Terms of Use that do not involve a consumer shall be submitted to the exclusive jurisdiction of the competent court in Vienna, Austria.
4. If one or more provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable under applicable law, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms of Use. In place of the invalid, illegal or unenforceable provision, a valid, legal and enforceable provision shall be deemed to have been agreed towards entrepreneurs which is legally effective, enforceable and valid and which comes as close as possible to the invalid, illegal and/or unenforceable provision in economic effect – insofar as this is possible and legally permissible.
Miscellaneous
1. Complete Agreement. These Terms of Use constitute the entire agreement between you and Timeular relating to the Software, and supersedes all prior or contemporaneous understandings regarding such subject matter.
2. English Version. The English version of these Terms of Use will be the version used when interpreting or construing these terms and conditions.
3. For our contact details, please write us at [email protected].
4. Non-Assignment. You may not assign or otherwise transfer this agreement or your rights and obligations under this agreement, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under this agreement to a third party.
5. No Waiver. Our failure to enforce or exercise any right arising out of these Terms of Use is not a waiver of that right.
Information concerning the exercise of the right of withdrawal for consumers
1. Right of withdrawal
  1. You have the right to withdraw from this contract within 30 days without giving any reason.
  2. The withdrawal period will expire after 30 days from the day of the conclusion of the contract.
  3. To exercise the right of withdrawal, you must inform us (Timeular GmbH, Andreas Hofer Strasse 43, 6020 Innsbruck, Austria, registered under company register number 446345s at the regional court of Innsbruck as company register court, support @timeular.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
2. Effects of withdrawal
  1. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event no later than 30 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form for consumers

(complete and return this form only if you wish to withdraw from the contract)

— To Timeular GmbH, Andreas Hofer Strasse 43, 6020 Innsbruck, Austria, registered under company register number 446345s at the regional court of Innsbruck as company register court, [email protected]:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

— Ordered on (*)/received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

(*) delete as appropriate.

January 2022