Terms and Conditions

Version: [PLACEHOLDER: date] · neonotu GmbH

1. Scope

These terms apply to all contracts for the use of the "Timeforce" software between neonotu GmbH, Edelsbergstraße 8, 80686 München, Germany (the "provider") and the customer. This offer is available exclusively to businesses within the meaning of section 14 of the German Civil Code and to public-law entities. No contract is concluded with consumers. Deviating terms proposed by the customer do not become part of the contract. The data processing agreement applies in addition and takes precedence on matters of data protection.

2. Subject of the contract

The provider makes Timeforce available for use over the internet (software as a service). The customer receives its own instance on a subdomain of timeforce.app. No software is transferred for permanent use; for the term of the contract the customer receives a simple, non-transferable right of use through a web browser. The provider may continue to develop the service; if a function material to the customer is discontinued, the provider gives at least three months’ notice and the customer may terminate as of the date of the change.

3. Free trial

The customer may try Timeforce free of charge for 14 days. No payment details are required. The trial ends automatically; a contract arises only if the customer expressly books a plan. If no plan is booked, access is blocked and the instance and its data are deleted after 30 days. The customer is notified beforehand and can export the data until then. During the trial there is no entitlement to the availability set out in section 8.

4. Subdomain

The customer chooses a subdomain when signing up. Only Latin letters, digits and hyphens are permitted, and it must begin with a letter. Subdomains are allocated subject to availability; there is no entitlement to a particular one. The provider may refuse a subdomain, or change it after prior notice, where it infringes third-party rights, is misleading, or suggests a connection to the provider. No rights beyond the term of the contract arise.

5. Plan limits

Each plan covers a maximum number of concurrently active user accounts and an amount of storage for documents. At 80 and at 95 per cent of a limit, the customer’s administrator is notified in the application, stating how much remains. Once a limit is reached, employees can no longer sign in; the administrator retains access in order to book additional storage, move to a higher plan, or deactivate accounts. Existing data remains untouched. Additional storage can be booked at any time; a higher user count requires a change of plan.

6. Prices and payment

The prices of the booked plan apply. All prices are net and exclude statutory VAT. Billing is monthly or annually in advance, at the customer’s choice; on annual billing the yearly price equals ten monthly instalments. Payment methods are bank transfer, invoice, and payment through the provider Mollie. Late payment: five days before the due date the customer receives a reminder, on the due date a notice of the pending suspension, and five days after the due date access is blocked for all users. Data is preserved throughout; the provider lifts the block once payment arrives.

7. Customer obligations

The customer uses Timeforce only within applicable law, in particular employment, data protection and co-determination law. In Germany, introducing time tracking may require the involvement of the works council; that is the customer’s responsibility. The customer manages its own users’ access, grants permissions on a need-to-have basis, and withdraws access from departing employees without delay. The provider recommends two-factor authentication for all accounts with administrative rights. The customer does not attempt to access other customers’ data or to circumvent security measures; security testing requires prior written agreement.

8. Availability

The provider undertakes to achieve availability of [PLACEHOLDER: 99.0] per cent per calendar month. Announced maintenance windows, disruptions outside the provider’s sphere of responsibility, and disruptions caused by the customer do not count as downtime. Maintenance is carried out outside 08:00–18:00 on business days where possible; security-relevant changes may be made at any time.

9. Term and return of data

The contract runs for one month or one year depending on the billing cycle and renews for the same period unless terminated in time. The customer is responsible for exporting, before the contract ends, all records it must retain under commercial, tax or social security law — in particular payroll records, accounting documents and working-time records. The provider points this out during termination and provides a complete export, which remains available for 30 days after the contract ends. After that, data and files are deleted for good. The customer’s data remains its property; the provider does not use it for its own purposes, in particular not to train software or models.

10. Liability

The provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and to the extent of any guarantee given. For simple negligence it is liable only for breach of a material contractual obligation and limited to the typical, foreseeable damage. [PLACEHOLDER: liability cap]. For loss of data the provider is liable only to the extent that would have arisen had the customer maintained proper and regular backups. Liability under Article 82 GDPR is unaffected.

11. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Munich, Germany, where the customer is a merchant or a public-law entity. Amendments require text form. Should individual provisions be invalid, the validity of the remainder is unaffected.