1. SERVICE, TERMS OF SERVICE, YOU, SOFTWARE

Finkit d.o.o. (references to “us”, “we” or “our” being construed accordingly), maker of ManicTime, provides its service (” Service”) to You, subject to the following Terms of Service (” TOS”). The TOS tell You what you can expect from the Service, and what we expect of You.

“You”, “End User” and “your” refers to the individual or entity that has agreed on terms of TOS and ordered Services from us (“Finkit d.o.o.”).

You as an End User are granted a non-exclusive and non-transferable license (‘License”) for the use of the accompanying binary software in machine-readable form (“Software”) which enable You to use the Service.

By signing up to the Service You agree to the terms and conditions of TOS.

2. REGISTRATION OBLIGATIONS

You must sign up in order to access the Service. When completing the registration form, You will provide true, accurate, and complete information, and maintain and promptly update this information. If You provide any information that is untrue, inaccurate, or incomplete we have the right at our sole discretion to suspend or terminate Your use of Service.

You will enter a password and login name during the registration process. You are responsible for maintaining the confidentiality of Your password and login name, and are responsible for all activities that occur with Your password and login name.

You will immediately notify us of any unauthorized use of the Service or any other breach of the security.

3. FEES

Subject to payment of all applicable fees, You have the right to use the Service. You may use a credit card to pay these fees. We reserve the right to change its fees or billing methods.

4. PROHIBITED USE

You agree that You will not:

• violate any local, state, or national law through or on the Service
• collect or store data (both “data Processing”) about other people using the Service, except for the purposes of monitoring the working efficiency of the employees and/or Your contractual partners (both: “Personnel”) which is intended use of the provided Service. You expressly acknowledge the fact that use of the Service and consequently data Processing of the Personnel data require proper legal basis for it (consent, contractual relationship or legitimate interest), pursuant to the General Regulation on the protection of personal data - EU Regulation 2016/679 (“GDPR”) and/or applicable national legislation. Identifying the proper legal basis and especially providing it pursuant to the GDPR and applicable national legislation, when using the Service, is solely Yours and exclusive responsibility. In no case and under no circumstances shall we be liable for any data protection breach deriving from Your data Processing.
• use any device, software or routine to interfere or attempt to interfere with the proper working of the Service
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service
• use the Service in any manner other than as expressly authorized in the TOS
• reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service

5. OWNERSHIP AND RESTRICTIONS

The license granted in these TOS does not constitute a transfer or sale of any ownership rights. We retain all right, title, and interest in Software including all related intellectual property rights. You will use Your best efforts to prevent and protect the contents of the Software from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the Service or Software. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service.

6. PRIVACY POLICY

Certain registration information and other information about You which may be collected through the Service are governed by separate document- Privacy Policy.

7. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY

We warrant that the Software which provides the Service contains the features described in the price list. Otherwise, the Software is provided “AS IS”. This limited warranty extends only to End User as the original licensee. End User’s exclusive remedy and our entire liability under this limited warranty will be option to repair, replace, or refund the license fee paid therefor. You shall, as reasonably possible, notify us of any error in the Software of which You become aware of while using the Software in purposes set out in TOS.

EXCEPT AS SPECIFIED IN THIS TOS, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE. In no event shall Our liability to You, whether in contract, tort (including negligence), or otherwise, exceed the license fee paid by You for Software.

9. TERMINATION

You have the right to terminate or cancel Services at any time. You understand that the cancellation of Service is at your sole discretion, as long as You are complying with TOS and have paid all applicable fees for the Service.

This License will terminate immediately without notice, if You fail to comply with any provision of TOS.

Upon termination for whatsoever reason Service will be disabled. Any fees previously paid by You, are non-refundable.

10. GOVERNING LAW AND JURISDICTION

This Agreement is made under, shall be governed by, and construed in accordance with the laws of Republic of Slovenia, excluding its choice of law provisions. Any and all rights, duties and obligations fall under the jurisdiction of the competent courts of the Slovenia in Ljubljana.

11. GENERAL INFORMATION

We may provide notices to You pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us.

We explicitly reserve the right, at our sole discretion, to modify or replace TOS at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.