ervTimeAtt

www: https://www.trackworktime.com
email: support@trackworktime.com

=================================================
Accepting the terms of use

The terms of use of the software program for time and attendance and its extensions (modules) are determined by this Agreement. This Agreement applies to your use of our products and services. We are ready to license the program for time and attendance and its extensions (modules) only if you agree to all the terms and conditions contained in this Agreement. The End User may not install the Time and Attendance program and its extensions (modules) unless he or she has previously agreed to the terms of this Agreement.

=================================================
Manner of cooperation

1. The use of time and attendance software (hereinafter referred to as "Product") and all additional programs to extend the functionality of the system (hereinafter referred to as "mobile terminals") begins with a query, preferably in writing, sent to our support e-mail.
2. The User will receive an offer from us in a pdf file for the time and attendance system in accordance with his query, with possible optional variants if necessary.
3. The User can install a trial version of the Product for 15 days. During this period, the User checks all the functionality of the Product, performs testing and possibly sets a request for a more detailed presentation. In that sense, the User may request an extension of the trial period from 15 to a maximum of 60 days.
4. The User pays the amount per offer while using the trial version, which is also the final confirmation that the Product suits him and that he is functional and correct in everything. When the User pays the full amount of the offer, he acquires the right to a license for 365 days to use the Product on the computer where the program is installed.
5. Prices of programs and services, calculation of the price of maintenance, prices of special and additional services, possible discounts, other conditions regarding prices, etc ... are the subject of a special offer that is defined at the time of User request.
6. The User purchases the finished Product, but some changes are still possible in the Product and by the User. By this we primarily mean the use of Report Designer which is unlocked for all types of licenses. The User can create their own reports by themselves, with the help of online instructions. We do not provide technical support for this option, the User must train himself to use it. Practice has shown that a large number of people in the IT sector either know how to use these advanced options, or can master them very quickly. Instead of technical support, we offer the User to create a report in the desired form with a minimum fee. The amount of this fee depends on the time required to prepare a report defined by the customer.
7. In order for the User to get acquainted with the Product, it is possible to submit various documentation in the form of pdf, chm or other types of help files. The User is obliged to read and study all submitted instructions, notices and information that we publish on the site or send them in electronic form by e-mail.
8. After purchasing the license, the User has the right to use the Product in accordance with the purchased license, but all of our additional services, if the Product for any reason becomes unusable or non-functional (you have an old version of software or database, update to a new version of the program, accidents-damage to data and/or program, ...), can be offered separately.
9. The price of the license depends on the level of services provided and accepted in accordance with the Offer. The Supplier of the Product can offer annual maintenance, which implies a higher level of monitoring and periodic contact with the User for backup of the database, checking of the system, connections, terminals, installation of the latest version of the Product, priority in solving its requests, which raises the level of user experience and provides the User with quality technical support.
10. The product cannot be installed on a virtual machine. In case of manipulation of the User to do such installation, we are obliged to file a lawsuit for damages because the installed Product can be copied countless times without paying the license required for maintenance of the Product by the supplier.
11. Product extensions by which we mean software for mobile terminals (Android and Windows), which relate to the extension of the functionality of the time and attendance system are free to install and test, but are not fully functional without the use of the Product. To use the Product with mobile terminals, you need to have the appropriate license.

=================================================
Training and customization of time and attendance software

1. All training and customization of the Product may be the subject of a special offer.
2. Training is to acquaint users with the commands and how to use the Product.
3. Product Customization involves adjusting the parameters that exist in the program to prepare the Product for operation in specific conditions with the User. It should be noted that during the adjustment process, a situation may arise in which the Product does not work in accordance with legal regulations if this adjustment is performed incorrectly. Therefore, it is necessary for the User to independently test the operation of the Product after adjustment, whether it is performed by the User or someone else. For example: incorrect setting of required hours, shifts, etc. can lead to incorrect calculation of working time. All these settings are available to the User, making the User responsible for them.
4. The ultimate goal of the training is to deliver the Product for independent use to the User.
5. Training can be done remotely, using a telephone and a remote access utility, and is free of charge. Training can also be performed on site by the User, when field trips are charged and this is an additional service. The User should ensure that the training can be completed, at least for the intended duration, before the official use of the Product.

=================================================
Administrator - definition

The User will choose one professional, competent and personnel adequate person who will communicate with the representatives of the software supplier regarding the introduction, training and maintenance of the Product. Hereinafter, we will refer to this person as Administrator.
1. The administrator's communication with us must be professional, terminologically accurate, collegial, patient and tolerant.
2. The administrator should have a basic knowledge of the Windows operating system. He should be in an adequately staffed position and have a basic knowledge of using the program. He needs to know the business characteristics and personnel of his company. It is recommended that the administrator has a short training on the use of the Product.
3. If more than one person uses the Product, we are not able to provide training for each operator separately, but this is done internally by administrators.
4. It is desirable that all other operators who are trained to use the Product must also be adequate staff to use the program, as well as to know the business processes of their company.
6. In the case of using system extensions in the form of mobile terminals, the administrator should also have a basic knowledge of the Android operating system.
7. The administrator must comply with the provisions of this document.

=================================================
Administrator - responsibilities

1. The administrator must comply with all provisions of the general conditions, offers, contracts, statements and supporting documents in order to cooperate as successfully as possible in mutual interest.
2. The administrator should constantly develop and improve partnerships and collegial cooperation with mutual respect and tolerance.
3. In case of problems with the Product, the administrator should first try to solve a possible problem internally, within his company, and if that is not possible, he should contact the supplier of the Product for help.
4. The administrator will, if necessary, train the staff of his company internally.
5. When the administrator is not in his company (vacation, sick leave, ...) he must provide adequate replacement.
6. The administrator must have basic-minimum computer education:
   a) basics of the operating system (switching on and off the computer and computer network, creating shortcuts-icons, ...)
   b) to know how to work with folders and files (create, copy, delete, ...)
   c) mail communication with file transfer (attachment)
   d) use of files in pdf and chm format
   e) compression, recording and archiving of data on external media (CD, USB flash memory, network disk, ...)
   f) optional: to know the peripheral equipment (router, switch, printers, other peripherals, drivers, ...)
   g) optional: antivirus (firewall) programs (installation, impact on network connection with terminals)
   h) optional: other provided by the lowest level computer courses.
For the stated knowledge, but also higher knowledge in terms of maintenance of computers, networks, operating systems, system software, an external company can be hired, provided that the services of that company are available when needed.
7. The administrator must be familiar with all the functions of the Product that is installed and is responsible for the compliance of the method of calculation of working time with legal regulations.
8. In case of using software extensions of the system such as mobile terminals, the Administrator must be familiar with the software running on the Android platform. Training for their use, if the software is installed on employees' mobile phones, is performed by the administrator. The administrator must be aware that individual mobile phones are the property of employees and that he is obliged to organize his business in such a way as to respect all security protocols, legal norms, including
- Zakon o zaštiti podataka o ličnosti ("Sl. glasnik RS", br. 87/2018)
- EU Regulation 2016/679 (General Data Protection Regulation)
9. The administrator must follow and read all instructions, notices, information, news related to the operation of the time and attendance system, either in printed or electronic form. The instructions for the Product may become obsolete due to its updating and release of new versions, so the administrator should review the Help file when installing the new version in order to get acquainted with the novelties and eliminated shortcomings of the Product. In case there are other Product Operators, he should notify and inform them about all changes.
10. The administrator reports the need for intervention in a quality way, describing the problem and its manifestation in as much detail as possible. To report a problem, we recommend using email and sending a complete database of events and possibly reports to help diagnose the problem.

=================================================
Technical conditions for installation - description of the required computer configuration:

1. In order to use the Product, the User must provide the following technical conditions at his own expense and responsibility:
- PC that can run Windows 64-bit normally and smoothly. Current Windows operating systems that are supported by Microsoft and have not reached the end-of-life phase are supported. As the lifecycle of operating systems and support for their maintenance by Microsoft changes, so will support in the Product.
- The local computer network should have a speed of at least 100 megabits per second, preferably one gigabit per second
- We recommend that you connect your computer to the network with a cable, because wireless networks are unstable when it comes to transferring data from the time and attendance terminal.
- any standard SATA hard drive, preferably and recommended high-speed SSD or NVMe (if video surveillance of the check-in process is used, it is recommended that there is at least 20GB of free space)
- atleast VGA monitor and VGA graphics card with a minimum of 1024x768 (can also be with an integrated graphics card)
- in order for data processing to be as fast as possible, it is recommended use of at least DDR3 RAM memory or better, paired (eg. 2x2GB or more) as well as the strongest possible multi-core processor, e.g. AMD FX or Intel i3 and better
- Peripherals: optical drive, mouse, keyboard, printer
- It is desirable that the computer on which the Product is installed has uninterruptible power supply (ie UPS device) so that it can continue to function smoothly after a power outage in the network for some time for which the computer should be turned off
- Internet (ADSL internet or some other but certainly fast internet)
- Electronic e-mail address
If the operating system is configured to restrict access rights to data and other resources, the software installer should be given sufficient rights to perform the required and uninterrupted operation. Our recommendation is to use modern computers from reputable manufacturers that are at most 5 years old, because in addition to better performance, they also have significantly higher reliability.
2. In the case of using mobile terminals, the User must, at his own expense and responsibility, provide mobile phones with the Android operating system with the appropriate software and hardware features.
Hardware requirements:
- ARM Cortex-A series CPU
- ARMv7 or ARM64 Instructions
- NEON Technology
- GPU
Software conditions:
- a suitable Android operating system
NOTE: information about the supported version of Android will be published and regularly updated on the www.trackworktime.com website in accordance with the capabilities of the development environment we use to create the Product 
3. We support the current software solutions of terminal manufacturers and controllers featured on our website. In the event of termination of support by terminal manufacturers or controllers (eg. replacement of firmware in terminals with new ones), we are not obliged or able to continue to provide support for software solutions that relied on old firmware. Unfortunately, this is something we are not able to influence and it is the exclusive decision of the equipment manufacturer.

=================================================
Technical conditions for installation - obligations of the administrator are:

1. To be informed about the technical conditions for successful installation and correct operation of the Product.
2. To provide appropriate computer equipment, appropriate mobile phones and other technical conditions necessary for the proper functioning of the Product (operating system, antivirus program, file compression programs, pdf browser, etc.).
3. The computers (we recommend this) on which the Product will be installed are secured against power outages and electric shocks.
4. That mobile phones have the appropriate software and hardware characteristics
5. To provide trained personnel for the type of work for which the Product or software for mobile terminals is used.
6. To provide internet connection

=================================================
Software installation

Software installation means the installation of an executable version of the Product or software for mobile terminals. Installation does not include the installation or delivery of source code. Installation can be done via media (CD, USB memory, internet, etc.) or via an authorized person, usually remotely using a remote access program (preferably AnyDesk) on the User's computer equipment. For instructions on using the remote support program, we recommend that the User view the program manufacturer's website:
- https://support.anydesk.com/knowledge/quick-start-guide
or for Android OS:
- https://support.anydesk.com/knowledge/anydesk-for-android-chromeos

1. The product (ervTimeAtt time and attendance program) consists of four parts: ervClient (used to process events and create reports), ervServer (used to collect events from the terminal, as well as to view events for individual employees via a web browser with the web module), ervManager (used to manage MySQL/MariaDB database) and ervElevate (used to run programs under the User account). Each of these programs (except ervElevate) has its own short Help file (accessible by pressing the F1 key) that the User is required to read before seeking help from the software vendor.
2. Software for mobile terminals ervTimeClock (allows the use of an Android mobile phone or any computer/laptop with Microsoft Windows installed as a time tracking terminal). Each of these programs has its own short Help file (available after installing the application) that the user is obliged to read before seeking help from the software vendor.
3. The Product uses MySQL/MariaDB (hereinafter referred to as "the database") as a database. Although we strive to ensure that the Product can work with any version of the database, including the one available on their website as a community edition, we cannot guarantee trouble-free operation if such a version is used. With the Product, you need to install a customized version of the database for the time and attendance program. The database runs on a different port and has a different service name compared to the publicly available version. This allows the User to have the original installation of MySQL or MariaDB in case of need, which will not interfere with each other.
4. Installation does not include:
a) installation, delivery or any adjustment of the operating system for the operation of the Product or mobile terminals, e.g. setting up network environment, printer, etc.,
b) installation of third-party software - in case the Product has a connection with third-party software, in terms of data import or export,
c) entry of initial data,
d) transfer of data from the existing system for time and attendance in case the User uses another system,
e) preparation of special reports using Report Designer,
f) staff training.
We can provide these services at the request of the User, with a fee in the amount, in the manner and within the deadlines determined by the special offer.
5. We recommend the User to use the possibility of installing a trial version of the program for 15 days. The goal of installing the trial version is to make it easier for the User to decide to buy the Product or give it up. If the User does not immediately inform the supplier in writing about the results and objections to the trial version of the program immediately after the trial period of 15 days, then the User agrees that the Product is functional, correct and meets his needs and as such is considered installed on computer equipment.
6. The product cannot be installed on any type of virtual machine. By virtual machine we mean the operating system that is installed on the host computer using a program to create virtual machines (VirtualBox, VMWare, Wine, HyperX, etc ...). Note that the Product may detect a HyperX virtual machine even if you are trying to install a program on a host, ie. physical machine. In this case, you need to uninstall the HyperX virtual machine or, if that is not possible, install the software on another computer.
7. The User may install the Product himself. We do not guarantee the successful installation or subsequent proper operation of the software in the event that the User does not provide the technical conditions for the successful installation of the Product or mobile terminals. If the installation of the Product or mobile terminals by the User is not successful, the eventual costs of that installation or reinstallation shall fall at the expense of the User. The software provider does not bear the consequences or possible damage caused by improper use of the installed software by the User.
8. The Supplier of the Product is not obliged to provide communication between the Product and the extension in the form of software for mobile terminals. The User is obliged to properly configure the Internet and all necessary permissions (firewall, router, port forwarding, admin rights, ...) for uninterrupted communication of mobile terminals with software and data transfer.
9. We reserve the right to install new versions of the Product on the User's initiative. The User must accept them even if there are functional and interface differences. All this is due to the fact that we can only maintain the latest software version of the Product, and not every one in the past. Also, new versions contain updates that improve the level of User experience and solve problems in the Product.

=================================================
Licensing

We grant the Licensee a personal, non-transferable license solely for the use of the Product for which applicable license fees have been paid. The license may be issued for a period of 365 days. The conditions under which the license is renewed are provided by the Service Provider in the offer (usually in pdf file).
1. As a basic parameter for generating the price of the Product, the number of users required are taken into account. In case of expansion of the number of users, the User pays only the difference between the price for the new, higher number of users and the price for the number of users for which he already has a license.
2. The client can expand the functionality of the product with different modules (additional client licenses, visitor module, video module, ie. module for use of camera if the terminal has it, software for mobile terminals, etc ...) or with additional terminals, paying for licenses for these modules.
3. Optionally, we can also offer the user system maintenance, which includes periodic contact where we would check system state of:
- all connections
- all terminals, memory, clock...
- database and table state
- all users in the terminals
- and made a backup of all data
4. One Product License is intended for use on a single physical device (computer or mobile phone) and is not transferable. Activation of license is possible only via internet connection. The product cannot be installed on any type of virtual machine or on software that supports the creation of such virtual machines (Virtual PC, VMware, Virtual Box and so on ...).
5. After purchasing the license, the customer will be contacted for the installation of the Product and activation of the license. The license is valid for 365 days from the date of purchase. If the installation is not possible at that time due to technical reasons, the customer will be contacted from time to time so that it can be done. The customer should install and activate the product within 3 months from the date of purchase. After the expiration of 3 months from the day of purchase, license activation will no longer be possible for the full period of 12 months, but this period will be shortened by one month at the end of each subsequent month, i.e. the license will be valid until the end of the 15th month from the date of purchase, unless otherwise agreed with the buyer of the Product.
6. Before the expiration of the license, we may send you an email with a notification about the expiration of the license, but we will not renew it automatically, or request the renewal of your license. Renewal of the license period is done before the end of the old license's expiration, after payment, for a period of 365 days. If the license is renewed before the old license expires, a new 365 days are added to the remaining time under the old license. If the license is renewed after the expiration of the old license, it will be activated for a period of 365 days from the date of payment. In the event that untimely renewal of the license causes additional work (new settings, connection settings, ...) necessary for continued use of the software, these additional works will be charged separately.
7. At any time, the supplier of the Product or mobile terminals may cancel the delivery and licensing of the User if it assesses that the User has not met the specified technical conditions or paid for the software according to the submitted proforma invoice.
8. The Product generates a hardware key that corresponds to the computer on which the Product is installed. After licensing, and at the user's request, the installation of the Product can be transferred to another computer on the condition that the old computer is available for deactivating the license, and then only the service related to the performed work (according to the previously submitted offer) is paid for, without additional expenses for use software. In the event that the old computer is not available for any reason and the deactivation of the old license is not possible, the new installation and activation of the new license, compensation for services and new licenses must be agreed on a case-by-case basis.
9. The basic condition for acquiring the right to use the executive version of the Product or mobile terminals is to pay for the Product on offer, otherwise that right has not been acquired. By obtaining the right to use the Product or mobile terminals, the User does not acquire the right to obtain the source code.
10. The User has the right to use the executive version of the Product in accordance with the submitted offer. This right is non-transferable, non-exclusive and limited to the agreed number, type and places of access in relation to the number of workstations in the computer network and the number of terminals that can be dislocated in relation to the place where the working hours are recorded.
11. The assigned right to use the Product or mobile terminals may not be transferred or assigned to other entities by the User. The system for time and attendance of which the Product is a part can be used by the User only for data processing in his company - in accordance with the purchased license.
12. We reserve the right to change the license fee at any time and without prior notice to the User. If the Client uses older main versions, the subject of the offer can only be the current version of the software.
13. After paying the price of the Product according to the offer, the user renews the license for the software annually. In this way, the user always has the current version of the software with all corrections and new functions. If the user does not renew the license, the use of the software will not be possible.
14. In case the user has a permanent license for an older version of the Product compared to the current major version, the software supplier will offer a new annual license to switch to the current major version. The user is not obliged to accept the transition to the new major version, but it is recommended in view of the possible loss of technical support, major improvements and differences that allow for a better user experience and easier data processing. A user with a permanent license can download all small (minor) executable versions (hereinafter referred to as "minor versions") for free.
15. In case the user has an annual license, he has no restrictions in the form of additional payment for a new major version compared to users with a permanent license and has the possibility to always use the latest version of the software.
16. While using the Product, you may request technical support with the Product and consultations with us regarding technical and other matters by email, telephone or other available channels. We will make reasonable efforts to provide the Customer with quality and timely support, but we do not guarantee that all your inquiries or problems will be resolved. If the User has a license for the old major version, we reserve the right to limit or deny your request for technical support. Software changes to the program are only possible in the latest software version.
17. Exceptionally, we can provide limited technical support to users of older major versions in the form of solving problems in communication with terminals, database or customer management in case the User has an annual maintenance contract.

=================================================
Use of software

1. The User is obliged to maintain the technical conditions necessary for the proper functioning of the Product. He is also obliged to ensure that computer data is archived on a reliable medium on a daily basis and to archive them as well as to keep archives.
2. If, after successful installation of the Product or mobile terminals, the User installs third-party software that causes slow or unstable operation, or that directly accesses databases used by the Product or mobile terminals, or otherwise changes the system parameters on a computer or mobile phone to similar problems, we are not responsible for the proper operation of the Product or mobile terminals and for any consequences. The costs of detecting the problem and eventual reinstallation of the Product or mobile terminals shall fall at the expense of the User.
3. If the User needs to expand the system, either in hardware or software (adding a terminal or similar) and if there is a risk that the expansion of the system could jeopardize the functionality of the Product or mobile terminals, he must notify the supplier of the Product for consultation on possibilities. Upon receipt of this notification, authorized persons will give instructions to the User on how to expand the system in an appropriate manner. In case of improper expansion of the system for time and attendance by the User, the software supplier is not responsible for problems, consequences and possible damage, and the costs of diagnosing and possibly eliminating the problem will fall at the expense of the User. 

=================================================
Our Services

1. We reserve the right to change fees and/or prices for any services without prior notice to the User.
2. The User becomes the owner of the license after settling the obligations in accordance with the submitted offer. All data collected using the Product is the property of the Client and is stored on his computer equipment. The client is obliged to organize its business in such a way as to comply with all security protocols, legal norms, including the Zakon o zaštiti podataka o ličnosti ("Sl. glasnik RS", br. 87/2018) and EU Regulation 2016/679 (General Data Protection Regulation act).
3. At the request of the User, the supplier of the Product may provide the User with training services, software installation, software settings, software maintenance and other consulting and technical services necessary for the use of the Product, in the manner and within the agreed time. By reaching an agreement, the User confirms that he is familiar with the price list of the Product's services. For the services, the User will pay a fee in the amount, in the manner and within the deadlines determined by the price list of services valid at the time of reaching the agreement. If the service is not provided for in the price list, a pro forma invoice-offer will be made where the method of payment for the service is defined (in advance or according to the performed service). Exceptionally, if it turns out that the need to provide the service arose by mistake (hidden defect), the supplier of the Product will not charge it.
4. If after some time after the training of the administrator there is a change of staff or new staff who use the software, then the supplier of the Product at the request of the User may perform the training again (additional). New training can be subject of new offer. The Supplier of the Product has no obligation to re-train new staff within the costs of the first training already performed. 

=================================================
Mobile terminals

To use the part of the Product that together with the hardware device represents a mobile terminal, you must have a mobile device with an Android operating system that is compatible with mobile software. We do not guarantee that mobile software will be compatible with your mobile device. Applications for mobile terminals are free, so the user can check their functionality on their devices without any charge. Although the applications are free, a proper license is required to connect them to the time and attendance tracking system. Providing compatible mobile phones is an exclusive obligation of the User.

The Service Provider may release upgraded versions of the Product from time to time. You may need to upgrade the version of the mobile software you are using on your mobile device to continue using the Service. You agree to such upgrade on your mobile device and you agree that the terms and conditions of this Agreement will apply to all such upgrades.

Third Party Fees: The Client is solely responsible for fees charged by third parties (for example, internet providers or mobile operators) in order to use data or access data, and in connection with the use of mobile terminals as part of the Product and Google Play Store.

Use of the ervTimeClock application in the Cloud environment

The terms and conditions for use of the ervTimeClock application ("mobile application") within the Cloud service provided by the Service Provider are defined in the following text. By installing or using the application in the Cloud system, the User accepts all the listed conditions and is obliged to comply with them.

The Cloud enables the transfer of events from the mobile application to the Product installed by the User from any location, provided that the User has an active internet connection and active appropriate license. The costs of data transfer via the internet are not covered by this license and are borne by the User.

The mobile application sends the following data to the Cloud: a unique employee identification number (ID), date and time of the event, event code, and if necessary, additional information such as location, notes and event images, in accordance with the system administrator's settings. The principle of data minimization has been applied to ensure the processing of only the necessary data required for record keeping, without collecting or processing personal data that is not necessary for this purpose.

Data transfer from the mobile application to the Cloud service is performed via an SSL encrypted connection to ensure reliable protection against unauthorized access and manipulation of data. When the data is successfully read by the Product and downloaded to the appropriate database, it will be removed from the Cloud service. This is done to reduce the load on the Cloud system, increase data security and optimize processing speed. The Cloud Service serves only as an intermediary between the mobile application and the Product and does not store user data. Data is transferred solely through an automated system, without any manual involvement of the operator or insight into the content of the transferred data.

Information about the valid license in the Product is also saved on the Cloud service. 15 days before the license expires, the User will not be able to upload any new events with the mobile application to the Cloud. This ensures that the User has enough time (15 days) to download all data from the Cloud with the Product before the license expires. Until the expiration of the Product license, the User can transfer event data only in the local network. The Product will issue a warning about the license expiration at each launch in the last 15 days. The Supplier of the Product reserves the right to block the Product use in case of expiration or invalidation of the license.

Access to Cloud settings, including event data and license information, is available only to authorized persons of the Product Supplier. Any unauthorized use, access or attempt to access the Cloud Service will be considered a serious breach of the license agreement and may result in legal consequences.

The Product Supplier is not liable for any damage or loss of data resulting from misuse of the application or inappropriate use of internet resources by the User. We further disclaim liability for any problems with the functioning of Cloud resources provided by our third-party partners, including but not limited to resource providers (e.g. Amazon Web Services, Google Cloud Services,...). By using the mobile application, the user accepts that we only rent Cloud resources, but the proper operation and availability depends on thiese third parties. The Product Supplier is also not liable for any loss of data that may occur due to interruption of the internet connection, hacker attacks and other security threats, technical problems on the part of the internet service provider or other factors beyond its control.

=================================================
Connecting to third-party software

1. Some Product options allow you to connect to third-party software. Third-party software is not under our control and the supplier of the Products is not responsible for their operation. All changes resulting from changes in third-party software are the responsibility of third-party software. In the event that changes to third-party software are of such a nature that the connection between third-party software and the Product is no longer functional, the time and attendance system provider is not responsible for this issue or has an obligation to process the Product.
2. The product has the ability to export data in many formats (pdf, xls, xml, ods, odt, dbf, html, rtf, jpeg, bmp, tiff, gif, txt, csv, e-mail). Third-party software is used to view such exported data. The Supplier of the Product does not warrant operation with any version of third-party software installed, nor is it required to install such software on the User's computer.
3. A dedicated connection of this type may be the subject of a special offer.
4. Third-party software must not directly access the database used by the Product or mobile terminals. In case the User needs access to this data, we can create a special read-only account with special logging parameters.
5. Software for mobile terminals has its own, special and encrypted databases that cannot be accessed in any way, nor can the User be given any access to it.
6. If the system software manufacturer (operating system, driver, etc.) places software updates on the market (patch, update, service pack, ...), the software supplier is not obliged to inform the User, nor is he responsible for installing these updates. Providing the correct version of the system software, ie. platform, is the responsibility of the User.

=================================================
Obligations of the Product Supplier

1. Staff training
- to train the provided staff of the User for the duration agreed in the offer and/or by agreement on the training dynamics that suits both parties and with the cooperation of the User. The training is usually done at the start of using the program, usually it is enough 2-3 hours to get acquainted with the possibilities of the software in the premises of the User and/or supplier of the Product, if the User thinks it is necessary. The training is then performed with a special fee according to the price list for services. If the User postpones the scheduled training dates, it is necessary to do so in a timely manner, at least two days in advance. The Supplier of the Product has no obligation to repeat the training due to changes in staff or new staff of the User or due to forgetting to use the Product, under the same conditions. Repetition of training is also performed for a special fee.
2. Development of a new version of the program
- development of a new version of the Product or software for mobile terminals is not done at the request of the User but by the free will and initiative of the author of the software. The Supplier of the Product may maintain only its latest, ie the newest versions of the program, and the User must accept the same.
3. Program changes due to an error that interferes with the proper functioning of the program
- in case the program is disabled due to an error, the correction is accessed immediately. The Product Supplier must have an adequate and sufficient deadline for making and testing program changes. The User must adapt to the new change in time and adequately if it affects the organization of his business. The Product Supplier can install software changes in different ways: via the Internet (remote access to the User's computer, automatic updates, ...), by e-mail notification, via the site, by sending software changes on a memory medium (CD, USB flash memory, ... ), by direct installation of program changes in the User's premises. The Product Supplier chooses the method for installing software changes in agreement with the User.
4. Emergency interventions
- recovery of database damage when possible
5. Recovery of data from the archive at the request of the User
- restore data (restore) if a serious computer failure is detected, it is possible when the User has an archived database so that it can be restored. In case the User does not have an archive, the return of data is done with a special fee. The User must rectify the reasons that lead to accidental damage to the database and to the Product.
- saving backup files is the sole responsibility of the User
NOTE: in case the User uninstalled the application on his mobile phone, data recovery is not possible in accordance with the limitations of the Android operating system itself.
6. Providing advice, providing instructions and consultations on the use of the program.
7. To cooperate with service providers and system administrators of Users computer equipment, note that we do not provide services and administration of computer equipment for Users equipment, eg: hardware, system software, operating system, computer network, drivers, Internet, and everything else the responsibilities of the service technician and the system administrator. The Product Provider does not configure the network, routers, mobile phones, etc. to communicate the Product with the terminals, nor does it affect which IP addresses can be used to access them.
8. For users who are abroad, only interventions on the installation of the program via remote access software are possible (recommended AnyDesk)
9. The Supplier of the Product has no obligation to provide the following services nor are they implied as a maintenance process:
- program changes, additions, refinements and revisions at the request of the User (for example: due to the introduction of a new standard by the User, or on their own initiative/request/project task by the User, or supplementing the User's request, or requests for changes in the form of printed documents, etc. ..),
- database integrity check,
- operator services to the User: data entry, report preparation, data processing,
- archiving User data,
- user database administration,
- repetition of training,
- software installations and changes in the functioning of the system caused by: reorganization of User business processes, reorganization of computer equipment and operating systems, damage to the program due to unprofessional handling, computer viruses, failures of computer and network equipment, mobile phones and the like, theft of computers and mobile phones.
10. To the question of the User regarding the use of the Product posted via the Internet site will be answered by the supplier of the Product on working days. In case of problems in the use of the Product that cannot be solved by communication support, the solution will be solved by intervening on the User's data, and in case of necessity in the User's business premises, in agreement with the User. Working hours include Monday - Friday from 08.00 to 16-00, outside the period of public holidays in Serbia.

=================================================
Product User Obligations

1. To provide the necessary conditions in providing and receiving support
2. To act in accordance with these general conditions and the document on cooperation
3. To provide staff by type of work in the training phase for the use of the program; repetition of training due to change or new staff or for other reasons is separately agreed and charged
4. To read all available instructions for using the program (printed and in electronic form)
5. To ensure that: unauthorized and untrained persons, as well as other programs, do not have access to the time and attendance system.
6. To independently archive and store data (on CD, flash memory, other disk in the local network, ...) regardless of whether the User is the owner of a license with System Maintenance in accordance with the price list for this service.
7. To report any possible problem when working on the Product with as detailed a description as possible
8. To report in writing the clear content of any need for a program change
9. To have a modem, communication program and Internet access so that the service technician can access the computer equipment of the User in order to maintain the Product; the software vendor may not access the User's computer equipment without the User's knowledge and permission;
10. To accept new versions (otherwise the Product supplier cannot maintain business software and cooperation is terminated)
11. To harmonize its computer equipment, mobile phones, with new versions of the program, if necessary, in consultation with the supplier of the Product.
12. To pay a fee for the right to use the software for time and attendance
13. To independently obtain all software licenses necessary for the operation of the Product.
14. The User will use the technical support services provided by the software provider via the Internet, for which a remote access program of the supplier's choice is used (preferably AnyDesk).
15. The Customer shall, at its option, designate a Product Administrator to contact our representatives regarding installation, training and maintenance. These persons must be familiar with all the functions of the Product installed and used for the needs of the User, test it and check it. Also, these persons must have a basic-minimum computer education (to know the file system (folders, files, copying), the basics of the operating system, mail communication and other things provided by the lowest level computer courses). Administrators report the need for intervention in a quality way, describing the possible problem and its manifestation in as much detail as possible.
16. The User will accept the authorized representatives of the software supplier in the installation, training and maintenance of the Product, without the right to choose the person of the representative or to request someone's exemption from the said activities.
17. The User may not transfer the right to use the program to another person or another business entity.

=================================================
Intellectual property

1. The Service Provider and its licensors shall possess the Products and all copies, which are protected by applicable international laws, treaties and conventions relating to intellectual property and property rights, including trade secrets. Licensee agrees to use reasonable means to protect the Product from unauthorized use, reproduction, distribution or publication. The Service Provider and its third party licensors reserve all rights not expressly granted in this License Agreement, including the right to modify and improve the Products. The Service Provider and its suppliers do not grant any express or implied rights to use the Product and documentation. You agree not to copy, republish, download, transmit, modify, rent, lend, sell, assign, distribute, license, sublicense, decompile the software or create derivative works based on the Site, Products or Services. The Software is available for download exclusively for use by end users in accordance with the License Agreement which is accepted at the time of installation of the Product.
2. Any unauthorized duplication, installation, use, rental or misuse in any way of Products or software for mobile terminals is a criminal offense and a basis for claiming damages.
3. We do not claim ownership of the materials you provide to us, including feedback and suggestions for product improvements ("Proposal"). However, by uploading, providing or submitting ("publishing") your Proposal, you allow us to use your Proposal to upgrade our software Services. By providing us with your Proposal, you warrant and represent that you own or otherwise control all rights to your Proposal, including, without limitation, all rights necessary to provide, post, upload, enter or submit the Proposal.

=================================================
Exclusion of liability

1. The User uses the Product as an author's work, having in mind all its known properties and the possibility of containing hidden defects. Although we strive to quickly eliminate all identified deficiencies, the software vendor cannot be held liable for any damage that may result from its use, or for damage resulting from possible hidden software deficiencies, or for damage that may occur during or due to software installation or eventual cessation of operation or loss of purposefulness of software operation.
2. The software provider is not responsible for the results and content of reports, processing and calculations made using the program because the reports and processing are affected by data and parameters (which are also data) that the User can adjust in the database and because the User of his own free will.
3. The Software Provider shall not be liable for any loss of any data. The User is obliged to create archives and regularly back up data in *.sql or in *.zip file in the ways described in the manual. From such an archive, it is possible to recover lost data and supplement it with data from the working time terminal (terminals have an internal memory in which they can store a limited amount of data). Each backup is protected by an appropriate password.

=================================================
Right of refusal and termination

Permanent or temporary right of use means that the User has the right to use the Product while he needs it. However, in the event that the User wishes to terminate the cooperation for any reason, it is sufficient to simply uninstall the Product or not renew the license. We reserve the right, in our sole discretion, to refuse the Service to any Customer (whether potential, new or existing) and/or terminate the Services immediately, with or without notice, if we believe the Customer has used the Product contrary to these Terms of Use.

=================================================
Use of information

We believe that you should always know what data we collect from you and how we use it. We reserve the right, and you authorize us, to use and assign all information regarding your use of the site and all information you provide in any way in accordance with our Privacy Policy: https://www.trackworktime.com/en/privacy.php

1. In case of incorrect operation during the execution of an action, the Product will display a bug report. The bug report contains an active control hierarchy information log, a list of running processes on your computer, and other diagnostic information that helps us find and fix errors in the application. This bug report is sent to our special mail. In addition to this information, the report contains information about the error time, basic computer data, operating system, processor, memory, program version, and error type. In addition to the error report attached to the email, you get a picture of the software and the position of the mouse that was running at the time the error occurred. The User cannot turn off this feature because it is very important for software diagnostics and improvement. We use this report exclusively for the purpose of correcting errors and we do not share the data obtained in this way with third parties.
2. Data in the program on employees that we collect can be considered personal and must be handled in accordance with the Zakonom o zaštiti podataka o ličnosti ("Sl. glasnik RS", br. 87/2018) and EU Regulation 2016/679 (General Data Protection Regulation act). The complete installation of the software is always located in the User's business premises and we recommend that the User draw up an internal document on compliance with the provisions of this Law, as well as on persons authorized to use the system for time and attendance and data management.
3. The database is the property of the User. It is installed on the User's computer and the software vendor does not have access to the data it contains. Therefore, for the implementation of the system of working time records, it is not necessary to sign any additional agreement with us (having in mind the Zakon o zaštiti podataka o ličnosti and the EU Regulation). The database contains data and parameters. Parameters are data that affect the operation of the program, processing, calculations, default (most commonly used) settings, etc ... The User is responsible for the contents of the database as well as for parameter settings.
4. In the newsletter (the list of users to whom we send news) all User emails are inserted automatically. These email addresses can be replaced by others. In case we receive a request to unsubscribe from the newsletter list, the email will be removed in accordance with the privacy law.

=================================================
Other notes

1. The product, together with extensions in the form of mobile terminals, will be functional for the User if the hardware, software, organizational and other specified conditions are met, as well as the conditions specified in the offer to purchase the right to use the software product.
2. The functionality of the Product is defined by the purchased modules that the program executes, and for which the User has the right to use.
3. The product is designed and tested according to standards based on world experience in software development. This means, among other things, that the program will not be distributed if there is a known problem in the functioning of the Product until it is fixed. Exceptionally, if due to urgency a version of the program is distributed or changes in the program that are not fully tested (User request with a short deadline), possible deficiencies will be eliminated after the complete development and testing procedure. In some cases, it may be necessary for the User to perform testing on their data, ie. in real conditions.
4. If an error or deviation from the intended result occurs during the execution of the program, and the User has met all the prerequisites in the form of restrictions on major software versions (see Licensing), the software supplier will correct the deficiencies free of charge. In doing so, the supplier of the Product chooses an adequate method (remote access, e-mail, posting changes on the site, the arrival of an authorized person, ...). Errors in the operation of the program are not considered errors that occurred if the User did not meet the general, hardware, software, personnel, organizational and other prerequisites. Also, program errors are not considered errors that occur due to non-compliance with the instructions set by the operating procedure (eg setting the parameters of the database to invalid values ​​or illegal combination of values, etc.). If such errors occur, the manufacturer will provide assistance to the User and charge the same as program maintenance.
5. The User bears all responsibility for complete or partial loss or damage of data in the database for any reason. It is the responsibility of the software vendor to assist the User in the process of recovering any data corruption, if recovery is possible. If recovery is not possible, the manufacturer will regulate the database in agreement with the User - by returning from the last valid archive of User data if it exists and supplementing the data left in the terminals for time and attendance, or installing an empty (initial) database. The obligation to create a data archive is on the administrator of the system for time and attendance.
6. The product may not be used to record and illegally monitor the working hours of employees, nor may it be used in any other way that is contrary to the law. The administrator of the Time and attendance system is solely responsible for setting up the Product.
7. The Manufacturer reserves the right to change these license terms without prior notice. The User will be notified of changes and updated terms when installing a new version of the Product or through another appropriate notification method. Use of the Product after the application of the changed terms will be considered acceptance of those changes.

=============================================
If the User is provided with a translation of these General Terms and Conditions and methods of cooperation or their part, the Serbian version remains authoritative and legally binding, if the appropriate translation contains disagreement with or deviation from the translated version.
=================================================

Copyright (C) 2007-2025, www.trackworktime.com, All Right Reserved.