TIME RECORDER PRO TERMS OF USE

1. Acceptance of Terms

By accessing or using Acceledesk Time Recorder Pro ("Service," "Software," or "Time Recorder Pro"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Acceledesk Time Recorder Pro is an online time tracking software application that allows users to record, monitor, and manage time spent on various activities and projects. The Service is offered in two versions:

A complete comparison of Free and Premium features is available at https://timerecorderpro.com

3. Account Registration

3.1 Account Creation

To use the premium features of Time Recorder Pro, you must register using the Time Recorder PM (Project Management) application. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

3.2 Eligibility

You must be at least 18 years old or have verifiable parental consent to use this Service. By using Time Recorder Pro, you represent that you meet these requirements. We may request proof of age or parental consent at our discretion.

3.3 Account Security

You are solely responsible for all activities under your account. We recommend using strong passwords and enabling two-factor authentication when available.

3.4 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

4. Service Versions and Billing

4.1 Free Version

The Free Version provides basic time recording functionality at no cost. We reserve the right to modify, limit, or discontinue the Free Version at any time.

4.2 Premium Version

The Premium Version includes enhanced features and is billed monthly. Billing occurs only when you record at least one time entry during a billing cycle. If no time entries are recorded in a calendar month, no charge will be applied for that month.

4.3 Billing and Payment

4.4 Failed Payments

If payment fails, the project manager will see a warning in the Time Recorder PM application and will have 15-days to update the payment information. If payment remains unsuccessful, the account will be suspended for non-payment. If the account is not paid after 30-days, the account will be terminated for non-payment. Account cancelation does not cancel any remaining charges.

4.5 Promotional Discounts

We may offer promotional discounts or special pricing from time to time. Promotional offers are subject to specific terms and conditions, may have expiration dates, and may be modified or terminated at our discretion. Unless otherwise stated, promotional pricing applies only to the initial billing period.

4.6 Price Changes

We may change our pricing. Continued use of the Premium Version after price changes constitutes acceptance of new pricing.

5. Acceptable Use

5.1 Permitted Use

You may use Time Recorder Pro for lawful business and personal time tracking purposes in accordance with these Terms.

5.2 Prohibited Activities

You may not:

6. Intellectual Property Rights

6.1 Our Rights

Acceledesk Time Recorder Pro, including all software, content, features, functionality, trademarks, service marks, logos, and intellectual property, is owned by Acceledesk and protected by United States law.

6.2 Your Content and Data

You retain all ownership rights to data you input into Time Recorder Pro ("Your Data"), including time entries, project information, notes, and other content. You grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, process, and transmit Your Data solely to provide, maintain, and improve the Service. This license terminates when you delete Your Data or terminate your account.

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Time Recorder Pro in accordance with these Terms for the duration of your account. This license does not include any resale or commercial use of the Service or its contents, any derivative use of the Service or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

7. Privacy and Data Protection

7.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, available at https://www.timerecorderpro.com/Privacy, which is incorporated into these Terms by reference.

7.2 Data Security

We implement industry-standard security measures to protect Your Data, including:

7.3 Data Location

Your Data is stored on secure servers located in the United States. By using the Service, you consent to the transfer and processing of Your Data in the United States.

7.4 Data Breach Notification

In the event of a data breach that may compromise Your Data, we will notify you via email within 72 hours of discovering the breach and will provide information about the nature of the breach and steps being taken to address it.

7.5 Your Data Rights

You have the right to:

7.6 Third-Party Service Providers

We may use third-party service providers to help deliver the Service, including payment processors and hosting providers. These providers have access to Your Data only to perform specific tasks on our behalf and are obligated to protect Your Data consistent with these Terms and our Privacy Policy.

8. Service Availability and Modifications

8.1 Service Level and Availability

While we strive to maintain 99.5% uptime (excluding scheduled maintenance), we do not guarantee uninterrupted or error-free access to Time Recorder Pro. The Service may be temporarily unavailable due to:

8.2 Scheduled Maintenance

We will perform scheduled maintenance during low-usage periods when feasible and will provide advance notice via email and in-app notifications. Scheduled maintenance windows typically do not exceed 1 hour.

8.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

8.4 Beta Features

We may offer beta or experimental features that are clearly marked as such. Beta features are provided "as is" without warranties and may be modified or discontinued without notice. Your use of beta features is at your own risk.

9. Data Retention and Termination

9.1 Termination by You

You may terminate your account at any time through your account settings. You will not be charged for any billing cycles after the termination date.

9.2 Termination by Us

We may terminate or suspend your access immediately without prior notice for:

For non-violation terminations, we will provide 30 days' written notice when reasonably possible.

9.3 Effect of Termination and Data Retention

Upon termination:

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2 Data Accuracy Disclaimer

You are solely responsible for the accuracy of data entered into the Service. We do not verify the accuracy of Your Data and are not responsible for any errors, omissions, or inaccuracies in reports or analytics generated by the Service.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Acceledesk, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Oklahoma County, Oklahoma, or remotely via videoconference at the discretion of the arbitrator.

12.3 Arbitration Costs

Each party shall bear its own costs and attorneys' fees in arbitration. The arbitrator's fees and AAA administrative fees shall be split equally between the parties unless the arbitrator determines otherwise based on the circumstances.

12.4 Exceptions to Arbitration

Either party may bring an action in small claims court if the claim qualifies. Additionally, either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12.5 Class Action Waiver

You agree that any arbitration or court proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, pandemics, government actions, internet or telecommunications failures, or failures of third-party services. In such events, our performance obligations will be suspended for the duration of the force majeure event.

14. Accessibility

We are committed to making Time Recorder Pro accessible to users with disabilities. We strive to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous communications and proposals.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Assignment

We may assign, transfer, or delegate these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.

15.4 No Waiver

Our failure to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of that provision or right. Any waiver must be in writing and signed by an authorized representative.

15.5 Notices

We may provide notices to you via email to the address associated with your account, through the Service, or by posting on our website. You are responsible for keeping your email address current.

15.6 Survival

Sections that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 7 (Privacy and Data Protection), 10 (Disclaimers and Limitation of Liability), 11 (Indemnification), and 12 (Governing Law and Disputes).

16. Changes to Terms

We may update these Terms periodically to reflect changes in our practices, the Service, or legal requirements. We will notify you of material changes by posting the updated Terms on our website and in the Service

By using Acceledesk Time Recorder Pro, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not access or use the Service.