TRACKWORKTIME - TERMS OF USE

Welcome to the trackworktime.com website. Please familiarize yourself with the terms of use before using our Services. By using our site and software, you are agreeing to comply with and be bound by the following terms and conditions contained here. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

trackworktime.com (the "Service Provider") determines the Terms of Use of the site and software programs ("the Product") and in the absence of a License Agreement accompanying the software during installation will represent the Agreement between you and us. This Agreement applies to your use of ours Product and services. End User will not be able to install the Product that is accompanied by or contains the License Agreement, unless he or she has first agrees to the terms of the License Agreement. Service Provider is willing to license Products to you only if you accept all terms and conditions contained in this Agreement.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. As a Service Provider, we may change prices and pricing policy at any time without prior notice.

The User will receive an offer from the Service Provider (usually a pdf file) in accordance with his request. The Service Provider may allow the User a trial use of the application for up to 15 days. In exceptional cases, the user may request an extension of the trial period. The goal of installing a trial version of the Product is to make it easier for the user to decide whether to buy or give it up. The User pays the amount offered during the trial period, which is also the final confirmation that the Product suits him and that it is functional and correct in everything, after which he acquires the right to a license to use the Product. The product is licensed, not sold. The license is not transferable to third parties.

We reserve the right to install new versions of the Product on users that contain an improved level of user experience and solutions to identified problems. Software changes are only possible for the latest software version of the Product and may be subject to a special offer. All our additional services, if the Product for any reason becomes unusable or non-functional to the user (old version, update, crashes-damage on data and/or equipment, ...), may be the subject of a special offer.

All product training and customization may be subject to special offer. Product customization involves adjusting the parameters that exist in the program to prepare the Product to work in specific conditions at the user. It should be noted that during the setup process, a situation may arise in which the Product does not work in accordance with legal regulations if this setup is performed incorrectly. Therefore, it is necessary for the user to independently test the operation of the Product after the setup, 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.

Training can be done remotely, using the telephone and a remote desktop application.

The User is obliged to appoint one professional, competent and staff-adequate person of his choice who will communicate with the representatives of the Product supplier regarding the introduction, training and maintenance of the program, ie. system administrator. The system administrator 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. He should:

• have a basic knowledge of the Windows operating system
• if necessary, performs internal training for each operator
• in the case of using mobile terminals, he should also have a basic knowledge of the Android operating system
• must comply with the provisions in this document

The product can only be installed on a 64-bit Microsoft Windows operating system. The Service Provider supports current Windows operating systems that are supported by Microsoft and have not reached the end-of-life stage. We also support the current solutions of terminal and controller manufacturers published on our website. In case of termination of support by the terminal or controller manufacturer (eg. replacement of firmware in terminals with new ones) the Service Provider is not obliged, nor able, to continue to provide support for software solutions that relied on old firmware.

Product installation means the installation of an executable version of the Product. Under installation is not implied the installation or delivery of source code. The technical conditions for installation will be published by the Service Provider on the website.

In the event that you have purchased equipment for yours system from another reseller, the Service Provider does not guarantee the proper operation of our software solution, nor is it obliged to make corrections and changes to the Product for the User.

Service Provider grants to Licensee a personal, nontransferable license solely to use the Product for which the applicable license fees have been paid. License can be granted for time 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). Customer can extend Product functionality with different modules offered by us in our site, by paying licenses for these modules. One Product license is for use on one physical device (computer or mobile phone) and it is not transferable. Product can’t be installed on any kind of virtual machine or on software that’s supports creating such virtual machines (Virtual PC, VMware, Virtual Box, and so on…). Activating licenses is possible only through internet connection.

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 which the license period will be reduced by one month for each expired month.

If the User has a permanent license when a new major version of the Product is released, the Software Provider will offer a new major version with an annual license. The user is not obliged to accept the transition to the new major version but this is recommended given the possibility of losing technical support, large improvements and differences that allow a better user experience and easier data processing. The user can download all minor versions updates for free.

In case the User is the owner of a license that is renewed annually, i.e. 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 always has the possibility to use the latest current version of the software with all updates and new functions. 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.

The Product Supplier can optionally offer annual maintenance, which implies a higher level of monitoring and periodic contact with the User in order to check the functioning of the entire system and creating backups, which raises the level of user experience and provides the User with better technical support.

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. If the User has a license for the old major version, we reserve the right to limit or deny your request for technical support.

The Service Provider may change the fees and/or prices for any services without prior notice to the User. 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 User and is stored on his computer equipment. The User is obliged to organize his business in such a way as to comply with all security protocols, legal norms, including Serbian Personal Data Protection Act (Zakon o zastiti podataka o licnosti, 87/2018-54) and EU regulation 2016/679 (General Data Protection Regulation).

To use the Mobile terminal part of the Product, 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 operation on his devices free of charge. Although the applications are free to connect them to the time and attendance system, a license is required. Providing appropriate mobile devices is an EXCLUSIVE obligation of the User.

The User is solely responsible for any use of mobile data and the generation of other similar costs incurred in connection with mobile software, in accordance with the tariffs of its network provider of mobile services.

Some Product options allow you to connect to third-party software. Third-party software is not controlled by trackworktime.com and the software supplier is not responsible for their operation. 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 Product supplier does not guarantee the operation of the Product with any installed version of third-party software, nor is it required to install such software on the user's computer. Third-party software must not directly access the database.

Product supplier and its licensors own Products and all copies, which are protected by applicable international laws, treaties, and conventions regarding intellectual property and proprietary rights including trade secrets. Licensee agrees to use reasonable means to protect Products from unauthorized use, reproduction, distribution, or publication. Product supplier and its third party licensors reserve all rights not specifically granted in this License Agreement including the right to change and improve Products. Product supplier and its suppliers do not grant any express or implied rights to use the Product and documentation. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services.

The Software is made available for download solely for use by end Users according to the License Agreement which is accepted at the time of installation of the Product. Any unauthorized reproduction, redistribution, use, rental or misuse of the Product in any way is a criminal offense and a basis for damage claim.

The Service Provider does not claim ownership of the materials you provide to us, including feedback and suggestions for Product improvements (the "Proposal"). However, uploading, providing or submitting ("Posting") your Proposal you are granting us to use your Proposal in connection with the operation of our businesses to upgrade our software Services. By providing us your Proposal you warrant and represent that you own or otherwise control all of the rights to your Proposal including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Proposals.

The User uses the Product as an author's work, having in mind all its known properties and the possibility that it contains hidden flaws. Although we strive to eliminate all identified defects quickly, the supplier of the Product cannot be held liable for any damage that may result from its use, or for damage resulting from possible hidden defects of the Product, or for damage that may occur during or due to installation of the Product or due to possible cessation of functioning or loss of purposefulness or loss of functioning of the Product. The Product supplier 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 configure independently in the database and also because the user does so of his own free will.

The supplier of the Product is not responsible for any possible loss of any data. The user is obliged to create archives and back up data regularly in the ways described in the instructions. From such an archive, it is easy to recover lost data and add data from the terminal (terminals have internal memory in which they can store a limited amount of data). Each backup is protected by an appropriate password. Also, the Service Provider will not be liable for any loss you may suffer due to someone else using your password or account, with or without your knowledge.

Third party applications, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Service Provider. The linked sites are not under the control of trackworktime.com and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Service Provider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of for third party Software, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

Shipping and handling of equipment represents an additional cost unless otherwise expressly indicated at the time of sale, which falls at the expense of the User. The warranty on terminals, controllers and other hardware equipment is 24 months unless otherwise stated.

Permanent or temporary right of use means that the user has the right to use the Product while he needs it. However, in case the user wants to terminate the cooperation for any reason, it is enough to simply uninstall the software or not renew the license. Service Provider may, at its sole discretion, refuse Services to any Customer (whether potential, new, or existing) and/or terminate the supply of Services to Customer immediately, with or without any prior notice, if the Service Provider deems Customer to be in breach of this Agreement.

In the event of an incorrect operation while performing an action, the Product will display a bug report. This bug report is sent to our special mail. 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.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

*If the user is provided with a translation of these terms and conditions 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.