Software License Agreement
- 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.
- Permitted Use and Restrictions
- The Software is supported only on Timeular devices that meet specified system requirements as indicated by Timeular.
- You may not automate the crawling, scraping, cashing or otherwise exploiting any content of the Software and the website.
- 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.
- 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
- The statutory warranty law shall apply to consumers.
- Warranties for entrepreneurs
- The warranty for entrepreneurs is excluded to the extent permitted by law.
- Timeular’s liability towards consumers
- Timeular shall be liable for damages to consumers – irrespective of the legal grounds – in the event of intent and gross negligence.
- In the case of slight negligence, Timeular shall only be liable
- for damage resulting from injury to life, body or health,
- 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,
- for damage under the Austrian Product Liability Act and
- 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.
- Furthermore, the liability of Timeular towards consumers is not limited by any provision of these Terms.
- Timeular’s liability towards entrepreneurs
- 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.
- The User must prove the existence of severe gross negligence or intent.
- 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.
- Furthermore, we may, at any time, terminate your right to use the Software if:
- you fail to make the timely payment of fees for the use of the Software, if any;
- we are required to do so by law (for example, where the grant of the Software to you is, or becomes, unlawful);
- 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;
- Law and jurisdiction
- 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).
- For our contact details, please write us at [email protected].
- 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.
- Information concerning the exercise of the right of withdrawal for consumers
- Right of withdrawal
- You have the right to withdraw from this contract within 30 days without giving any reason.
- The withdrawal period will expire after 30 days from the day of the conclusion of the contract.
- 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.
- Effects of withdrawal
- 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.
- Right of withdrawal
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),
(*) delete as appropriate.