Terms of Service
Last updated: December 15, 2020
These Terms of Service (“ToS“) defines the legal relationships between the Limited Liability Company “Yaware” (“We” or “Yaware“) and users (“You” or “User“) of the website located at https://yaware.com (“Website“), and of the software products, services provided by Yaware.
1. GENERAL TERMS
1.1.This ToS is a legally binding agreement between You and Yaware. You can always read the terms of the latest (current) version of the ToS at the current address: https://yaware.com/terms-service/ .
1.1.1. This ToS is the public agreement due to article 633 of the Civil Code of Ukraine. Due to article 642 of the Civil Code of Ukraine full acceptance of the terms of this ToS is the fact of registration on the Website or registrant’s payment for the Service and receiving from Yaware the corresponding financial document, confirming the fact of this payment.
1.3. By creating an Account or using the Service, You agree to the terms of this ToS and agree to abide by it. If You do not agree with this ToS (in whole or in part), then You are not granted the rights and obligations of the User of the Service and you may not use the Service.
1.4. To access the personalized functions of the Service, You need to register in the Service – create an “Account“, providing Yaware with complete and accurate information about yourself. In order to get access to some chapters of the online Service, you need to register, providing some information about yourself (your company). You will be offered to choose login and password after the registration. You give your consent to provide true and accurate information during the registration, by filling in questionnaires or on e-mail request from Yaware team. You are also responsible for providing accurate information about yourself (your company). If you provide the inaccurate, wrong and partially true information, Yaware preserves the right to suspend or terminate your access to some options or the whole Service.
1.5. The use of the main functions of the Service – accounting and analysis of working time of users, is carried out using Software products that shall be installed on the final equipment (hereinafter the “Workplace“). The operation of such Software products is inextricably linked with the Yaware Service. You may not use the Software products by refusing to use the Service.
1.6. When using or not using the Workplace, the Software product will create textual, graphical, audio, video or mixed information materials (hereinafter the “Information Data“), which will then be transferred to Yaware hardware and software systems for processing, storage and playback using an Account.
1.7. The provisions of this ToS apply to all users of the Service – both users who do not have an Account and users who have any type of Account.
1.8. “Authorization data” (namely, login and password) used to access the Account and to the Service are recognized as analogous to Your personal signature.
1.10. The information provided on the Website about our activities in the form of news, press releases and other information materials is relevant as of the date of their publication. Due to subsequent events and after the expiration such information may be incomplete or untrue, however, We will take steps to update or delete it.
1.11. We may provide You with information about projects, forecasts or declarations regarding future events concerning us and our Service, but such information is preliminary and actual events and circumstances may differ as a result of various factors.
1.12. “Data Retention Period” means the period during which Information Data is available for viewing or retrieval by any other means (exporting data to a file, uploading via API, etc.) to You as an end User. The maximum value of the Data Retention Period is limited to the tariff plan you have chosen. At the same time, you can reduce the Data Retention Period according to Your needs.
1.13. “Log file” – a file with service and statistical information with records in chronological order of events that occur in the Software product, and such a file may partially contain Information Data and data regarding User, but only those that have already been sent to the server during normal operation of the Software product.
2. RESTRICTIONS ON THE SERVICE USAGE
2.1. You shall not perform the following actions when using the Service, because Your performance of any of the following actions is a violation of this ToS:
- Receiving, processing, storing or disseminating through the Service any information data that: violates applicable law; infringe anyone’s intellectual property rights; violate the rights and legitimate interests of third parties (including photos or videos, the main object of which is a person, if this person did not consent to the placement of a photo or video with his participation); contain materials of erotic, pornographic or offensive nature; contribute to incitement to religious, racial or ethnic hatred; contain computer viruses or malicious software (or links to them) that can interrupt or disrupt the normal functionality of any person’s computer hardware or software or telecommunications.
- Attempt to violate or violation of the terms of license agreement for the usage of the Software product.
- Integration of Service functions into third-party sites and services, except when such integration is expressly permitted by Yaware.
- Taking actions aimed at misleading Yaware and / or other users of the Service.
- Committing acts that violate the rights, freedoms, honor and dignity of any person.
- Account registration on behalf of or instead of another person.
- Allowing to use the Account and / or Authorization data of the Account to third parties.
- Illegal collection, systematization, storage or dissemination of personal information.
- Attempt to obtain or gain access to the Account of another user of the Service in any way, including, but not limited to, by deception, abuse of trust, selection of Authorization data;
- Attempt to obtain or obtaining of unauthorized access to hardware (including virtualization systems), Service software or software code.
3. PAID FUNCTIONS OF SERVICE
3.1. Paid functions of the Yaware Service are provided to You only on the terms of full prepayment according to the current tariff plan. Some tariff plans of the Service may also be provided free of charge, but with certain functional and / or temporary restrictions on their use (period of acquaintance).
3.2. After You form an order for the paid Service you need with the help of the Service, you will receive an invoice for payment. If You have not paid the bill for a long time, such a bill may be canceled.
3.3. The bill can be paid only in those ways and by means of those payment systems which We accept for payment.
3.4. Using payment systems during payment for the bill, You must follow the instructions and guidelines published on the websites of these systems. The correctness of the payment procedure is beyond Yaware’s area of responsibility and competence.
3.5. All costs associated with the payment of the bill (including, but not limited to, fees, commissions, taxes, etc.) shall be paid by You.
3.6. Paid Service is provided to the User who ordered it, regardless of who paid for it.
3.7. At the end of the paid period, as well as if You violate the terms of this ToS and / or the applicable law, the provision of Service to You will be suspended by blocking access to the Account. You will receive an email notifying You of such restrictions and, if possible, the conditions under which access to your Account will be restored.
3.8. If You do not use the Service (You do not need it, the impossibility of Service usage due to technical or other problems on User’s part) the cost of the already paid Service is not refundable. If your Account is blocked in connection with a breach of this ToS, the refund of the cost of paid but not provided Service is at Yaware’s discretion.
3.9. If during the paid subscription period for the Service you need to add a new number of Workplaces, then Yaware will give You the bill for the period remaining from the date of adding a new number of Workplaces until the end of the paid subscription period for the Service.
3.10. If during the paid subscription period for the Service the number of Workplaces has decreased, then Yaware may recalculate the licenses for the future (not yet used) paid subscription period for the Service. Such licenses may be recalculated only by prior agreement between You and the Yaware account manager, and only from the date of your request (ie the Yaware account manager cannot recalculate unused licenses retrospectively).
4. SOFTWARE PRODUCT
4.1. To the extent that the Service may be used by You to display information received from the Workplace, you may view only the information in respect of which You have been granted the right or permission to view it.
4.2. By using the Service, you grant Yaware the right to receive, process and store the Information Data, collected using the Software product installed on the Workplace, to the extent specified in the terms of ToS, agreements, permissions, licenses concluded between Yaware and You.
4.3. If You believe that the Service contains information that violates your rights, You must notify us of this and provide us with information that confirms this violation. If You provide false information about your rights violation, then You are fully liable for the damage caused by such false information (including any legal costs, court/arbitration fees and lawyer’s fees).
4.4. By using the Service, You grant Yaware the right to automatically receive, process and store Log files from the end user’s Workplace for technical support of this Software product.
5. TERMS OF TECHNICAL SUPPORT
5.1. Yaware provides Technical Support (hereinafter the “Technical support”) on weekdays during business hours, namely: from 9:00 till 18:00 Kyiv time (UTC + 2), via chat, phone, or e-mail, which are listed on the Website.
5.2. On weekdays during business hours the approximate response time of Technical support is:
|№||Method of request from the User||Approximate time for Technical support response|
|1||via chat||up to 10 minutes|
|2||by phone||up to 5 minutes|
|3||via email||up to 60 minutes|
5.3. All requests from Users after weekends or holidays are processed by Yaware Technical Support in a queue until approximately 15:00 on the next business day after weekends or holidays.
5.4. Technical support additionally informs the User of the approximate time for resolving the technical request, depending on the type and complexity of such a technical request.
5.5. Technical support does not include making any settings for your Account instead of You or installing the Software product for Your employees on personal computers.
5.6. Requests that are not technical errors, but ideas for improving the Service, will be mentioned in a separate webpage: https://ideas.timetracker.yaware.com/ and considered by our team additionally. However, the parties agree that Yaware at its discretion implements or does not implement such ideas.
5.7. We cannot make changes to the statistics of Your employees, for example: add, subtract or change the time already worked by the User’s employee.
5.8. The settings made by the Account’s owner are private. Yaware does not respond to requests about which Account settings have been made by any User’s employee, other than the Account’s owner.
6.2. If during the Service usage You become aware of information concerning Yaware and / or third parties that does not apply there, and which is the personal information, confidential information and / or trade secret due to current applicable legislation, You do not have the right to store, copy, use and distribute such information, and you must delete all copies of such information in your possession.
6.3. You understand and agree that any Information Data, which obtained through the Service, in respect of which You have not used the functions to restrict access to them by third parties, may be used without authorization by third parties and that You are solely liable for any resulting consequences.
7. LIMITATIONS OF WARRANTIES AND LIABILITY
7.1. Before any and every use of the Service, You must ensure the legality and correctness of all your actions.
7.2. We reserve the right, but not the obligation, to verify the correctness, authority and legality of your use of the Service.
7.3. We do not undertake any obligation to check, change and control any Information Data that You may access through the Service. We do not guarantee the accuracy of such Information Data, their legality, quality and compliance with specific requests and needs.
7.4. We reserve the right to refuse the User to receive, process, store and reproduce the Information Data within the Service from a particular Workplace or in respect of a particular individual without explaining the reasons for such refusal.
7.5. The availability of access to the Information Data through the Service does not mean that we recognize such Information Data as due to the current legislation or the terms of this ToS, or with other related agreements.
7.6. You understand that by using the Service, You may gain access to obscene, offensive or illegal information material in your country or in any other country, and that such material may not be properly labeled and reported. In this regard, You agree that You use the Service at your own risk and that Yaware and its licensors, their subsidiaries, contractors, representatives and agents are not responsible to You for informational materials, the content of which You may count illegal, offensive, obscene or undesirable.
7.7. Yaware is not liable for any consequences arising from the use or non-use or inability to use the Service, and any data that is output, processed and reproduced by the Service. Yaware does not reimburse any damages, including lost profits, which have arisen as a result of such consequences. All liability for such actions, omissions and their consequences lies with the User.
7.8. We do not guarantee the availability and / or legality of the Service in all or certain countries. We do not guarantee the availability of the Service in all or certain language versions.
7.9. In the event that You violate this ToS or other agreements concluded between Yaware and User, then Yaware has the right to deny You the Service without prior notice, block or restrict access to your Account and Information Data, or delete your Account and Information Data.
7.10. The results of using the Account and all actions performed in the Service using your Authorization data are considered to have been performed by You. We are not liable for the results of authorized or unauthorized use of your data and your Account by third parties.
7.11. With the Service You may access software, services, websites of third parties that are not owned or controlled by Yaware. We do not guarantee the availability and correct operation of such software, websites and services, their compliance with the stated subject and your expectations, and Yaware is not liable for this. We are not obligated to provide technical or other support for such software, websites and services. You need to contact their manufacturer or supplier directly to obtain such support.
7.12. The Service is provided on an “as is” basis. We do not exclude that during usage of the Service there may be failures, errors, inconsistencies, but We make reasonable efforts to prevent this from happening. At the same time, You agree that the obligation to eliminate such failures, errors, inconsistencies, as well as the timing of their elimination, is determined by Yaware.
7.13. We do not exclude the possibility of incompatibility of the Service with other software that does not belong to Yaware and is installed in your equipment and / or Workplace, and do not guarantee quality interaction and / or parallel operation with such software.
7.14. We strive to ensure the smooth operation of the Service, but We do not exclude the possibility of complete or partial loss of the data, which We store. We are not liable for such loss and related direct or indirect damages.
7.15. Yaware shall not be liable for any damages or losses incurred by anyone as a result of misunderstanding or nonunderstanding of this ToS, instructions or guidelines on how to use the Service. If You do not fully understand the terms of this ToS, You have the right prior to the Service usage to contact us for the clarifications you need. By creating an Account and / or using the Service and / or accepting the terms of this ToS in another way, You confirm that You understand all the provisions of this ToS and You have received from us all the needed explanations.
7.16. Yaware stores Information Data during the Data Retention Period. You agree that You lose access to the Information Data after the end of the Data Retention Period. Yaware shall not be liable for any damages or losses, including lost profits, arising from your loss of access to the Information Data after the end of the Data Retention Period.
7.17. THE MAXIMUM AGGREGATE LIABILITY OF YAWARE FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS TOS WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS MADE BY YOU UNDER THIS TOS IN THE ONE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
7.18. You agree to compensate, protect and not to damage Yaware, its representatives, managers, personnel, freelancers, agents, affiliates, departments, distributors and license owners from and as a result of any court verdict, loss, defects, damage, responsibilities, costs and expenses (including payments for lawyer’s service), that come as a result of any demand, claim, suit or proceeding that was caused by this ToS, the Website or any products and services connected with them.
8.1. During the term of this ToS, we have a mutual right to use the logos of the companies that have concluded this ToS, in electronic or printed form. The mutual use of logos allows You, partners and suppliers to learn about our business relationships, emphasizing our desire to increase business efficiency and commitment to the latest technologies.
8.2. Yaware may modify any of the terms and conditions of this ToS at any time and at its own discretion (for example, in connection with the expansion or modification of the functions of the Service, etc.). We will notify You of ToS changes by sending a notice to your email address, or by posting a change notice on the Website, or by posting the new version of the ToS on the Website. All changes made to the ToS will be available as a new version of the ToS. The new version of the ToS shall enter into force not earlier than 30 calendar days from the date of its posting on the Website. In any case, by using the Service, You confirm your consent with the ToS in the current version at the time of your use of the Service.
8.3. You shall not use the Service in any manner, which is not permitted by this ToS or is inconsistent with this ToS.
8.4. You agree to use the Service in accordance with applicable law, including the laws of the country or region in which you reside or in which you use the Service.
8.5. The User and Yaware shall not cooperate with the employees of each other outside the performance of their duties and instructions of their executives according to this ToS.
8.6. The User and Yaware shall not hire each other dismissed employees for 2 years after their dismissal.
8.7. If You become aware of a breach of this ToS by another person, You must notify us immediately.
8.9. We may change the list and scope of the Service’s functions, tariff plans and other terms of service provision unilaterally. Such changes do not apply to the services that are already paid by You, but still not used by You.
8.10. If Yaware assets become the property of or under the control of another company, Yaware may assign this company the rights and obligations set forth in this ToS without prior notice to the User.
8.11. In the event that the provisions of different language versions of this ToS are interpreted differently, the English language version of the ToS shall prevail.
8.12. In the event that any part of this ToS is declared invalid or unenforceable, the remaining parts and provisions of this ToS shall remain in full force and effect. The waiver of any provision of the ToS or any violation thereof shall not invalidate this provision.
8.13. Governing laws. These Terms of Service shall be governed by the laws of Ukraine. These Terms of Service shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
8.14. Dispute resolution. If not settled by the negotiations, any dispute, controversy or claim arising out of or relating to this Terms of Service, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the Ukrainian courts according to the Ukrainian legislation.