Terms of Service

This Document describes the terms on which Buzzard ("we", "us"), an AG (similar to a limited liability company) registered in Zug, Switzerland, offers you ("you" or "your") access to Clockograph (content and functionality of clockograph.com) provided by us.

Description

Clockograph is a web application to track time and expenses for projects. It provides a macOS application and a REST API for integrations with other systems and tools.

Accepting the terms

In order to use Clockograph, you must first agree to the terms. You may not use Clockograph if you do not accept the terms.

• You are a party that can lawfully enter into and form legal contracts.
• You use Clockograph only for lawful purposes and in a lawful manner.
• You register under your correct name and don't use an invalid, unauthorized email or physical address.
• You agree that you will not engage in any activity that interferes with or disrupts Clockograph or the server and networks which are connected to Clockograph.
• You don't harvest or otherwise collect information about users, including email addresses, without their consent.
• You agree to use Clockograph only for purposes that are permitted by the term and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
• You accept that we may immediately disable your account or throttle your usage if you take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
• You don't bypass any measures we may use to prevent or restrict access to Clockograph. Especially accessing the Clockograph REST API.
• You accept that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies.
• You accept that technical support is only guaranteed to paying account holders and is only available via email.

Copyright and Content Ownership

We own all rights, titles and interests in and of Clockograph and you agree that you will not copy, reproduce, alter, modify, or create derivative works from Clockograph.

Fees, Method of Payment and Refunds

We may choose to temporarily change the fees for promotions or for new services. All our fees are quoted in Euro and U.S. Dollar.

• You can sign up for an account without a credit card.
• After the trial period you will be charged in advance on a monthly or annual basis.
• You can upgrade or downgrade our service inside the 'plan' section of your settings at any time. The new rate will be charged on your next billing cycle.
• There will be no refunds of paid monthly and annual bills. To treat everyone equally, no exceptions will be made.
• All fees are exclusive of any taxes or duties imposed by any taxing authority. You are responsible to pay them.
• If we are unable to bill you on the day your monthly or annual fee is due, the service will be converted to the free plan, and we will notify you by email.
• For free accounts, we reserve the right to remove data after 6 months of inactivity with prior notice in order to conserve our resources.
• Expense and time records are limited to one year for free accounts. We reserve the right to automatically delete older records.

Disclaimer of Warranties

Important Information. You expressly understand and agree that:

• Your use of Clockograph are at your sole risk.
• BUZZARD AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS MAKE NO WARRANTY THAT (1) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (2) SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (4) AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BUZZARD SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• No Advice or information, whether oral or written, obtained by you from Buzzard or through the use of our services shall create any warranty not expressly stated in this agreement.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZARD AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 BUZZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE BUZZARD SERVICE;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BUZZARD SERVICE;
• OR ANY OTHER MATTER RELATING TO THE BUZZARD SERVICE.

Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total fees you paid to us in the three months prior to the action giving rise to the liability.

Some states and jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so this limitation and exclusion may not apply to you.

Notices

We communicate with you either by email you provided us during the registration process or by doing a posting on the Clockograph site.

Termination

You can cancel your account at any time without a penalty. The 'team' section in your settings provides a simple no questions asked cancellation link. After you terminated, you may no longer have access to your data. You won't be charged again and but you are responsible for whatever fees have already been incurred for the current billing period.

We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate Clockograph to anyone. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion (not closing list) are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these terms of service.

Modifications

We reserve the right to modify or discontinue, temporarily or permanently, Clockograph with or without notice. You agree that we shall not be liable to you or to any third Party for any modification, suspension or discontinuance of Clockograph.

All prices are subject to change upon 30 days notice (see sections Notices and Fees, Method of Payment) from us.

Resolution of Disputes

Our goal is to resolve a dispute quickly and cost effectively. You agree to first contact us directly to seek a resolution.

These terms of service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its provisions governing conflicts of law. You agree that any claim or dispute you may have against us must be resolved by a court located in Zug, Switzerland. You hereby submit to the personal jurisdiction of the courts located within Zug, Switzerland for the purpose of litigating all such claims or disputes.

Terms of privacy

The Privacy Policy is part of this agreement. We have the right to change them. Changes take effect when we post them to the Clockograph site.

Effectiveness

This agreement is effective on August 28, 2023, for current users, and upon acceptance for new users.