Terms of Service
Thank you for using Timeclamp. By using Timeclamp, you agree to our Terms of Service, which is a legal agreement. If you are using Timeclamp for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.
When we say, “we,” “our,” or “us,” we’re referring to Testpoint Pty Ltd an Australian company which is the legal owner and developer of the Timeclamp™ solution. This also includes our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Timeclamp Services provided by Testpoint Pty Ltd.
When we say “Websites,” we mean our websites located at Timeclamp.net, app.timeclamp.net, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Timeclamp.
When we say “Timeclamp,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
To use Timeclamp, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
- You are responsible for all content you provide and your activities on Timeclamp;
- You will use Timeclamp in compliance with all applicable laws, rules, and regulations;
- You will not use Timeclamp to solicit the performance of any activity which infringes our rights or the rights of others; and
- You will not use Timeclamp to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Timeclamp. Your use of Timeclamp is at your own risk.
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own Timeclamp and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Timeclamp, our Services, or our content on Timeclamp without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Timeclamp or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
The free trial offer entitles new, registered users to a thirty (30) day free trial of the Services. For all plans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.
Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.
Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the thirty (30) day trial period ends. The Services are billed in advance on a yearly basis. If you decide to terminate your Annual Plan, we will refund you a prorated amount for the period from the date of your termination to the end of your current Annual Plan. All other refund requests must be made in writing and we reserve the right to deny such request for any reason.
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to Timeclamp or by email.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
You may access your Timeclamp account data using the Timeclamp API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses Timeclamp, is bound by these Terms.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.
Abuse or excessively frequent requests to Timeclamp via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Timeclamp.
Representations and Warranties
To the maximum extent permitted by law, we provide Timeclamp on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) Timeclamp will meet your specific requirements, (ii) Timeclamp will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Timeclamp will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Timeclamp will meet your expectations, and (v) any errors in Timeclamp will be corrected.
Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Timeclamp and any linked sites and services. Your sole remedy against us for dissatisfaction with Timeclamp is to stop using Timeclamp. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Governing Law; Dispute Resolution
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Timeclamp, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
Amendments and Changes to Timeclamp
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance Timeclamp shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of Timeclamp following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Timeclamp, or any portion of Timeclamp for any reason; (2) to modify or change Timeclamp, or any portion of Timeclamp, and any applicable policies or terms; and (3) to interrupt the operation of Timeclamp, or any portion of Timeclamp, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you have any questions or concerns about the Terms, please email us at email@example.com alternatively you may contact Testpoint Pty Ltd on firstname.lastname@example.org