Terms of Service for WorkTime-Tracker
I, Stefan Lemmer, Stiegackerweg 3, 79331 Teningen, Germany (hereinafter "WorkTime-Tracker" or "we"), have developed the web application WorkTime-Tracker, which can be used online at app.worktime-tracker.com and can also be installed using downloadable mobile apps. WorkTime-Tracker is a web app as well as a mobile app for easy recording of own working hours for self-employed persons, freelancers and employees. WorkTime-Tracker can be operated and used easily, quickly and conveniently by almost all end devices and most current operating systems worldwide.
1.1 These Terms of Use apply to your use of WorkTime-Tracker with all content, features, services and rules governing the contractual relationship between you and us.
1.2 For certain applications within WorkTime-Tracker, we may agree additional Terms of Use with you. However, we will inform you of such additional Terms of Use before usage.
1.3 We reserve the right to offer additional services on WorkTime-Tracker. These Terms of Use are intended for both consumers and businesses. Consumers are natural persons who conclude a legal transaction for a purpose which cannot be attributed to either their commercial or their self-employed professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2.1 The object of the contract is the free use of the WorkTime-Tracker application, which can be used via app.worktime-tracker.com as a web application or via an additional mobile app. All data is stored in the cloud and can thus be retrieved from different end devices via the web application at any time. To find out in which form and on which devices you can use WorkTime-Tracker, go to Download. WorkTime-Tracker provides you with different applications for use.
2.2 WorkTime-Tracker is available 24 hours a day, 365 days a year. If maintenance is required and WorkTime-Tracker is therefore not available, we will inform you as soon as possible. We are not responsible for internet/network related downtime and especially not for downtime during which WorkTime-Tracker cannot be reached due to technical or other problems beyond our control (e.g. force majeure, fault of third parties, etc.).
3.1.1 You can use WorkTime-Tracker directly as a web app or download it as a mobile app for different platforms in the respective store.
3.2.1 You can use the basic version of WorkTime-Tracker free of charge. However, the functionality of the free version is limited.
3.2.2 In order to use WorkTime-Tracker, you must register once.
3.2.3 In order to register with WorkTime-Tracker, you must provide the required information truthfully and completely, unless it is marked as voluntary. You must give yourself a username and an email address where we can reach you. Once you have registered, we will send you a confirmation of your registration by e-mail together with these Terms of Service. Only after receiving this e-mail and confirming it by clicking on the included link will the registration process be completed ("Registration Completion").
3.3.1 Web Apps and Mobile Apps
In the case of the web app and the mobile apps, a user agreement is concluded with the first use, registration or download.
3.3.2 There is no entitlement to the conclusion of a user contract
We can reject your registration request at any time without giving reasons. In this case we will of course delete all information and data you have already provided.
3.4 As a self-employed, freelancer or employee (private person) you can use all free features of the basic version of WorkTime-Tracker free of charge.
3.5 You are responsible for maintaining the confidentiality of your password. This means that you must keep your password secret for access, you must not disclose it, you must not tolerate or allow third parties to know it, and you must take the necessary measures to ensure confidentiality. In the event of any misuse or loss of this information or any suspicion thereof, you are obliged to notify us immediately by e-mail at account@worktime-tracker.com
3.6.1 When using WorkTime-Tracker, you must comply with all applicable laws and regulations of the Federal Republic of Germany.
3.6.2 Content, text and images made available on WorkTime-Tracker may not be copied, distributed or otherwise made publicly accessible without the consent of the copyright holder - unless this is permitted by law.
3.6.3 It is prohibited to make attacks on the functionality of WorkTime-Tracker, such as mass e-mailing (SPAM), hacking attempts, brute force attacks, the use or sending of spyware, viruses and worms.
3.6.4 If you violate these rules, we are entitled to warn you, temporarily suspend you or even completely exclude you from using WorkTime-Tracker.
3.7 Identity of users
It is technically impossible for us to determine with certainty whether a user registered on WorkTime-Tracker actually has the identity he claims to have. We can therefore not guarantee the correct identity of the users.
4.1 We do not assume any responsibility for the article texts, provided contents, pictures, data and/or information as well as for contents on linked external websites. In particular, we do not guarantee that these contents are true, fulfil a specific purpose or can serve such a purpose.
4.2 If you notice or suspect a use of WorkTime-Tracker contrary to the law or the contract, you can notify us of this at any time by sending an e-mail to info@worktime-tracker.com.
5.1.1 The contract for the free use of the WorkTime-Tracker Apps is concluded for an indefinite period of time.
5.1.2 You can terminate the contract at any time in writing. We will then delete your account completely.
5.1.3 We may terminate the contract of use with a notice period of two (2) weeks in writing (e-mail is sufficient).
6.1 We shall only be liable for defects in WorkTime-Tracker in accordance with this clause 6 insofar as the impairments are not based on restrictions in availability.
6.2 A defect is always present if the suitability for the contractual use is canceled or not insignificantly reduced.
6.3 You are obliged to inform us immediately of the defects that have occurred in writing or by e-mail.
6.4 You are not entitled to compensation for any defect in WorkTime-Tracker existing at the time of conclusion of the contract or occurring at a later date due to a circumstance for which we are not responsible.
6.5 Further claims and rights for defects in WorkTime-Tracker other than those expressly mentioned in this clause 6 shall not exist unless we are further liable on the basis of mandatory statutory regulations.
7.1 Free WorkTime-Tracker usage
We accept no liability for the use of the free basic version of WorkTime-Tracker.
7.2 User claims for damages are also excluded.
8.1 The law of the Federal Republic of Germany applies.
8.2 If you do not have a general place of jurisdiction in Germany or another EU member state or if you have moved your permanent place of residence abroad after these Terms of Use have come into effect or if your place of residence or usual abode is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
8.3 Should individual provisions of these Terms of Use be or become ineffective and / or contradict the statutory provisions, this shall not affect the validity of the remaining Terms of Use. The ineffective provision shall be replaced by mutual agreement by the contracting parties by such provision, which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision applies in case of loopholes accordingly.
8.4 We reserve the right to change and adapt these Terms of Use with effect for the future. The current version of the Terms of Use can be found at: www.worktime-tracker.com/terms . You will be notified by e-mail at the latest one month before the planned entry into force of the new version of the Terms of Use. If you do not object to the validity of the new conditions of use within one month after the entry into force, the new Terms of Use shall be deemed accepted. We will point out the importance of the one-month period and the right of objection as well as the legal consequences of the silence separately in an appropriate form. This amendment mechanism does not apply to changes in the parties' main contractual obligations.