Terms of Service
Last Updated: [Insert Date Here]
1. Introduction
Welcome to Record'em! These Terms of Service ("Terms") govern your access to and use of the Record'em website, applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Service.
Record'em Technologies is based in [Your Country, e.g., Germany] and operates under EU law. These Terms are designed to comply with relevant European regulations.
2. Definitions
Service: The Record'em AI Time Tracking and Expense Management platform, including the website, applications, and related services.
User: Any individual or entity that accesses or uses the Service.
Account: An account created by a User to access and use the Service.
Content: Any data, information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on or through the Service.
EU/EEA: The European Union and the European Economic Area.
GDPR: The General Data Protection Regulation (Regulation (EU) 2016/679).
3. Account Registration and Use
You must be at least 18 years old to use the Service. You agree to provide accurate and complete information when creating your Account and to keep this information updated. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.
[Add specific clauses about eligibility, account security, sharing accounts, etc.]
4. Your Obligations
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- [List prohibited activities, e.g., violate laws, infringe IP, transmit viruses, disrupt service, scrape data]
- [Specify any usage limits or restrictions]
5. Subscription and Payment
Access to certain features of the Service may require a paid subscription. By subscribing, you agree to pay the applicable fees as described on our pricing page.
[Add detailed clauses about:
- Subscription terms (monthly/annual)
- Billing cycles and methods
- Automatic renewal
- Price changes
- Refund policy (if any)
- Taxes (mentioning VAT for EU context)
- Consequences of non-payment
]
6. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Record'em Technologies and its licensors. The Service is protected by copyright, trademark, and other laws of [Your Country] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Record'em Technologies.
[Add clauses about:
- License granted to the user to use the Service
- Ownership of User Content (typically user retains ownership)
- License granted by user to Record'em to use User Content (e.g., to operate the service, for support)
]
7. Data Protection and Privacy (GDPR)
We are committed to protecting your personal data and complying with GDPR. Our Privacy Policy explains how we collect, use, and protect your personal data in accordance with GDPR principles. By using the Service, you consent to our data practices as described in the Privacy Policy.
[Add clauses about:
- Role of Record'em (Data Processor) and User (Data Controller) if applicable for processing employee data
- Commitment to GDPR principles
- Link to Data Processing Addendum (DPA) if offered/required
- Security measures
]
8. Termination
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
[Add clauses about:
- How a user can terminate their account
- Effect of termination on data (e.g., data deletion policy)
- Survival of certain clauses (e.g., IP, disclaimers, governing law)
]
9. Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Record'em Technologies makes no warranties, expressed or implied, regarding the operation or availability of the Service, or the information, Content, and materials included therein.
[Add standard legal disclaimers, including:
- No warranty that the Service will be uninterrupted, secure, or error-free
- No warranty regarding the accuracy, reliability, or currency of information
- Disclaimer of implied warranties (merchantability, fitness for a particular purpose, non-infringement)
]
10. Limitation of Liability
In no event shall Record'em Technologies, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or Content of any third party on the Service;
- Any Content obtained from the Service; and
- Unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
[Add a specific cap on liability, often linked to fees paid by the user in a certain period.]
Please note that some jurisdictions (including EU member states) may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you to the extent prohibited by local law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Record'em Technologies and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: a) your use and access of the Service, by you or any person using your Account; b) a breach of these Terms; or c) Content posted on the Service.
12. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of [Your Country, e.g., Germany], without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Service shall be resolved through [Specify preferred dispute resolution method, e.g., negotiation, mediation, or binding arbitration in accordance with rules applicable in your country, or specify the exclusive jurisdiction of courts in your city/country].
[Consider adding a clause about Online Dispute Resolution (ODR) platform for EU consumer disputes if applicable: "If you are a consumer residing in the EU, you may use the European Commission's online dispute resolution platform available at http://ec.europa.eu/consumers/odr/."]
13. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
14. Contact Us
If you have any questions about these Terms, please contact us:
- By email: [Your Support Email Address]
- By visiting this page on our website: [Link to your Contact Us page]