Terms of use

Introduction

Thank you for using Clokke. By using Clokke or signing up for an account, you are agreeing to these Terms. This is a legal agreement.

Definitions

When we say “we”, “us”, “Mono”, and “Clokke”, we are referring to Mono d.o.o., a Republic of Croatia limited liability company. When we say “you”, “User”, or “Member”, we’re referring to the person or entity that is registered with us to use the Clokke platform.

We provide an online platform (the “Service”) for tracking time. It is available through this website, the Clokke cloud computing platform, the Clokke API, the Clokke add-ons and modules, and any other software or service offered by Clokke.

Eligibility

To use Clokke, you must:

By using Clokke, you represent and warrant that you meet all the requirements listed above and that you won’t use Clokke in a way that violates any laws or regulations. Clokke may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term

The Term begins when you sign up for Clokke and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Clokke on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Account use, conditions, and restrictions

You are solely responsible for the security of your passwords and any use of your account. Should you become aware of any unauthorized use of your password or your account, you agree to notify us immediately.

Your use of the Clokke Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

You agree not to: - access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by Clokke - engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

You may not access the Service for the purpose of bringing an intellectual property infringement claim against Clokke or for the purpose of creating a product or service competitive with the Clokke Service.

You also agree not to use the Service to - violate any applicable local, state, national or international law or regulation whether intentionally or not, - instigate or assist in any type of attack that will interfere with or disrupt the Service or servers or networks associated to the Service, - attempt to gain unauthorized access to the Service, other accounts or servers through hacking, password mining, or any other means, - attempt to access or obtain any material through any means such as reverse engineering, not intentionally provided for by the Service, and - take any other action in using the Service that, in the sole determination of Clokke, is inconsistent with the intended usage of the Service.

In the event that one or more of the conditions in this section are violated, Clokke has the right (though not the obligation) to - refuse or remove any content that, in the reasonable and sole opinion of Clokke, violates this Agreement or is in any way harmful or objectionable, or - terminate or deny access and use of the Service to any individual or entity for any reason.

Fees for use of the Services

Subject to the Terms, the Clokke Services are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://clokke.io/pricing.html (or such URL as Clokke may provide).

For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Clokke fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Clokke incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Clokke’s measurements of your use of the Service, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Clokke. Nothing in these Terms obligates Clokke to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Clokke may be shared by Clokke with companies who work on Clokke’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Clokke and servicing your account. Clokke may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Clokke shall not be liable for any use or disclosure of such information by such third parties. Clokke reserves the right to discontinue the provision of the Service to you for any late payments.

Clokke may change its fees and payment policies for the Clokke Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Clokke may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

EU VAT tax collection

EU laws require vendors to charge VAT (Value Added Tax) on purchases of electronically delivered products for buyers based in the European Union. VAT is charged at the VAT rate of the buyer’s country. VAT taxes are reported and paid to the EU by our payment service provider, FastSpring. The invoice provided to you at purchase completion will include the VAT amount as well as the FastSpring VAT ID.

EU businesses making digital purchases can be exempted from VAT by providing their valid VAT ID at the time of purchase. For those providing a VAT ID, no VAT Tax will be charged, and the VAT ID will be included on the invoice provided at purchase completion.

License and restrictions

Clokke grants you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as a part of the Service.

You may not (and you may not permit anyone else to): - copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Clokke, in writing (for example, through an open source software license); - attempt to disable or circumvent any security mechanisms used by the Service or any applications running on it - use the Service in any way that may subject the Service to any obligations under any open source software license, including, without limitation, any license which imposes any obligation or restriction with respect to Clokke’s patent or other intellectual property rights.

The user may not transfer or transmit in any way the rights acquired under this contract to third parties, nor may he grant permission for third parties to use these rights in any way. Third parties may only enjoy the end product resulting from the development and marketing of web or mobile applications by the user using the Service.

The user shall abstain from using the Service for purposes deemed unlawful, contrary to the provisions contained in this document and in the Service, detrimental to the rights and interests of the owner of the Service and third parties, or for purposes which could in any way damage, disable, overload or impair the normal use or enjoyment of the Service by the other clients or users.

Because of the nature of the Internet, Clokke cannot guarantee the availability and continuity of the access to the application which may become inoperative or inaccessible for any reason including but not limited to: - Malfunctioning of the software or equipment, - Scheduled or non-scheduled repair or maintenance procedures - Other reasons that are beyond the control of the Service or that are not reasonably predictable. However, whenever it is reasonably possible, Clokke will give prior warning of any possible interruptions of the service.

License from you

Clokke claims no ownership or control over any content or application submitted or built by you. You retain copyright and any other rights you already hold in the content and/or application, and you are responsible for protecting those rights, as appropriate.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our other products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Clokke under any fiduciary or other obligation, and that we are free to use your feedback without any additional compensation to you, and/or to disclose your feedback on a non-confidential basis or otherwise to anyone. You agree that Clokke, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.

Intellectual property

The Clokke Service is the intellectual property of Mono d.o.o. and is protected by the Croatian intellectual property laws and by the laws applicable in the country where it is used. You acknowledge and agree that Clokke (or Clokke’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Modification and Termination of the Services

Clokke is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Clokke provides may change from time to time without prior notice to you. Changes to the form and nature of the Service will be effective with respect to all versions of the Service; examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

You may terminate these Terms at any time by cancelling your account on the Clokke platform. Please see our refund policy for more details on your refund options.

You agree that Clokke, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Service may be without prior notice, and you agree that Clokke will not be liable to you or any third party for such termination.

You are solely responsible for exporting your content and application(s) from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your content and application(s).

Upon any termination of the Service or your account these Terms will also terminate.

Exclusion of warranties

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CLOKKE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CLOKKE SERVICE IS AT YOUR SOLE RISK AND THAT ALL OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

CLOKKE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE CLOKKE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLOKKE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE CLOKKE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE CLOKKE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND © USAGE DATA PROVIDED THROUGH THE CLOKKE SERVICE WILL BE ACCURATE.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLOKKE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON CLOKKE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT CLOKKE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

You agree to hold harmless, defend and indemnify Clokke, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Clokke and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, © your violation of applicable laws, rules or regulations in connection with the Service, or (d) your content or your application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Clokke will provide you with written notice of such claim, suit or action.

You agree to set up a process to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA notices”). It is Clokke’s policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your application or, if necessary, the application itself upon receipt of a valid DMCA notice.

Other Content

The Service may include hyperlinks to other web sites or content or resources or email content. Clokke may have no control over any web sites or resources which are provided by companies or persons other than Clokke.

You acknowledge and agree that Clokke is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Clokke is not liable for any loss or damage which may be incurred by you or your end users as a result of the content or availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Changes to the Terms

Clokke may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

You understand and agree that if you use the Service after the date on which the Terms have changed, Clokke will treat your use as acceptance of the updated Terms.

Except to the extent you and Clokke have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and Clokke and govern your use of the Service (but excluding any services which Clokke may provide to you under a separate written agreement), and completely replace any prior agreements between you and Clokke in relation to the Service.

There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

If Clokke provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

You agree that Clokke may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. By providing Clokke your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

You agree that if Clokke does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Clokke has the benefit of under any applicable law), this will not be taken to be a formal waiver of Clokke’s rights and that those rights or remedies will still be available to Clokke.

Clokke shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.

The Terms, and your relationship with Clokke under the Terms, shall be governed by the laws of the Republic of Croatia without regard to its conflict of laws provisions. You and Clokke agree to submit to the exclusive jurisdiction of the courts located within the county of Osijek, Croatia to resolve any legal matter arising from the Terms.

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Clokke (not to be unreasonably withheld).