General terms and conditions of the troii Software GmbH for using the time tracking solution timr (Status 07/09)

1. Preamble

The troii Software GmbH (hereafter referred to as “troii“) provides its users the usage of a software application for time tracking and the command of a drive log (“timr“) against payment. troii provides the usage for the needed software overt the internet as well as storage space for the application data. troii does not offer any internet access which is necessary for (mobile) usage.

2. General / Scope

2.1. These general terms and conditions of use apply to all business relations between troii and the user for using the software timr which is offered on http://timr.com. By completing the registration, the user agrees to the terms of use and is bound by them. The valid version at the time of the contract conclusion is decisive in each case. Modifications of these terms and conditions take effect with their publication. Differing, conflicting or additional terms and conditions of business of the user, even by knowledge, will not be part of the contract, except troii agrees explicit by writing.

2.2. troii reserves the right to adjust or change the general terms and conditions, the service and the functionality of the service at any time, without notice of any reasons. Updated conditions will be sent to the user by email two weeks before coming into force. If there is no contraction by the user within two weeks after receiving the email the amended terms of service will be regarded as accepted. Advices to it also will be published on the website http://timr.com/terms.

2.3. Consumers are consumers within the meaning of the Consumer Protection Act and therefore natural or legal persons who are not employers.

2.4. Employers are natural or legal persons or legal partnerships. Companies are any long-term, self-organization of economic activity also if they do not make profit.

Users are consumers and employers.

3. Conclusion of contract / Free trial

3.1. The offers from troii and the specifications of their price lists on http://timr.com are not binding. troii explicitly reserves the right to modify these details at any time.

3.2. A contract is concluded after successful completion of registration of the user. Acceptance will be made by activation of the user account.

3.3. The charges of usage depend on chosen version and duration of usage.

3.4. The user can try the chosen version once for free for 30 (thirty) days.

3.5. The user has the opportunity to decide for a paid usage of the chosen version after or while the trial. After the trial the user has to buy one or more using months or he decides for the free version as described in paragraph 4. Is the user not able to use the free version caused by its restrictions, the account will be set on read-only until he buys using months. After a period of 14 days, the account will be deactivated. Afterwards no login is possible anymore and all personal data will be deleted 48 days after termination of the trial.

4. Free version

Further, troii offers a free version which can be used for free at any time. The use of the free version can be modified or revoked by troii at any time and without notice.

5. Terms of payment

5.1. The payment of the offered software timr from troii occurs by credit card. The fee for the whole duration of usage is due immediately after conclusion and will be debited from the user credit card.

5.2. If the already paid services are used only partial or cannot be used caused by the user (lack of telecommuni-cation connections, problems with hardware and software) there is no redemption claim for the unused months.

5.3. The user has to ensure that the credit card account from which the usage fee is debited has the required coverage. If payment or debit is not possible caused by the user (missing cover etc.), troii is allowed to credit the resulting additional costs from the user.

5.4. Unless otherwise specified, apply to the on the website http://timr.com for the current version noticed prices excluding any taxes and duties. troii reserves the right to change prices at any time.

The user will be informed 30 days before coming into effect by email or on http://timr.com. These changes will not be relevant for already paid months.

5.5. Users are provided with invoices in PDF format. The invoices contain qualified electronic signatures.

6. Data protection

6.1. The personal data of the user that are required for the execution and processing of the services are collected, stored and processed by troii. Personal data are all information which identifies persons directly or indirectly (name, address, email, date of birth, credit card number). These personal data will not be disclosed to third parties without written consent. For the processing of payment with credit card it is necessary to disclose the personal data to third parties (credit company). Credit card information of the user will be transferred encrypted.

6.2. Generated and stored data (time tracking data, drive log data) will never be disclosed to third parties except in the presence of a court order.

6.3. After termination of the contract (expiration or termination) all stored personal data will be deleted. This is not relevant for stored data which is covered by legal safekeeping duty.

7. Rights of use / Availability

7.1. The user has to give his correct and complete name, a valid email address and all further necessary information when he signs up for an account. Every user is allowed to use only 1 (one) free user account as described at paragraph 4. One username and password (“login”) may only be used by one person.

7.2. The user is obliged to save his access data against third parties.

7.3. troii or its suppliers own the intellectual property of all protectable components of the offered service timr including name, graphic design, user interface components, functionality and documentation. It is explicit forbidden to copy, modify, reproduce, decompress or to disassemble parts of the service which troii or its suppliers own or offer. troii has no legal claim to the content, the user creates, stores or uploads in this service.

7.4. In case of new versions, updates, upgrades or other changes of the timr service during the duration of this contract, the foregoing rights shall apply to all of these changes.

7.5. Tracked time- and drive log entries are available for export in CSV format. The user has to download and save these data before the contract is terminating. After a period of 48 days after the last billing month the user account will be deleted by troii.

7.6. troii ensures an availability of the service in height of 95% in annual mean. Excluded from this warranty are deficiencies which are not caused by troii.

8. Support

Users who have questions or wishes to the product may contact the timr support by email. troii doesn’t offer telephone support.

9. Cancelling

In case of improper use or violation of the general terms and conditions, troii may terminate the contract agreement with immediate effect. In this case troii may delete the account and all stored data. Already paid and not used months will not be repaid.

10. Limitation of liability

10.1. troii shall only have unlimited liability for all damages caused by troii in case of wilful intent or gross negligence. troii is no liability in the case of slight negligence, compensation of consequential or deficiency damage and damages from claims of third parties against the user.

10.2. troii is only liable for own content on its website. troii does not have responsibility for content on other websites.

11. News

During the term of contract, the user receives free technical advice and information, upgrade information and any other information regarding the timr service via email. The user may unsubscribe from this emails at any time by sending an email to troii.

12. Final provisions

12.1. Should terms or conditions of these general terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions. The whole or partially invalid terms and conditions will be replaced by another legal term or condition.

12.2. The law of the Federal Republic Austria applies and the validity of the UN SIGS is excluded.

12.3. Writing is agreed for concrete contractual relationship. Changes or supplements of the contract need of its effectiveness a written form.

12.4. Place of jurisdiction shall be the residence of troii. (A-5280 Braunau am Inn)