Terms of Use

Last updated: [publication date]

Draft for legal review. This text has not been validated by a lawyer and contains fields still to be completed, highlighted in yellow. The Portuguese version prevails.

1. Scope and acceptance

These terms govern the use of iTrackFlow, an online service provided by info2K, Lda (full details). By creating an account or using the service, the customer organisation ("Customer") and each person using it ("User") accept these terms. Whoever creates the account confirms they are authorised to bind the organisation they name.

2. The service

iTrackFlow lets you track time, manage timesheets and their approval, time off and expenses, and produce reports. It is intended for companies and professionals in the course of their business, not for consumers. Features may evolve; info2K will try not to remove essential features without reasonable prior notice.

3. Account and access

• Sign-up requires confirming the email address. The details given must be true and kept up to date.
• Each workspace has an owner, responsible for managing its members, their roles and the settings.
• Credentials are personal and non-transferable. We recommend turning on two-factor authentication. The Customer must tell us without delay about any unauthorised use it becomes aware of.
• The Customer is responsible for what its Users do in the service.

4. Trial period

Every new account has a free 30-day trial with every feature and no credit card required. At the end of the trial, continuing the service depends on an agreement between the Customer and info2K; until then, access to the workspace may be limited. Data recorded during the trial is kept, subject to clause 12.

5. Price and invoicing

[To be defined: pricing model (for example, per active user per month), billing period, payment methods, VAT, price updates and the consequences of non-payment. Once online subscriptions are available, payments will be processed by Stripe.]

6. Acceptable use

The Customer and Users undertake not to:

• use the service for unlawful purposes or to store unlawful content;
• try to access other customers' data, bypass security measures or probe for vulnerabilities without written permission;
• deliberately overload the service, in particular with excessive automated requests;
• resell or provide the service to third parties without info2K's agreement.

7. Customer data

The data entered in the workspace belongs to the Customer. info2K uses it only to provide the service. The Customer can export it at any time through the reports (CSV, XLSX and PDF).

After the contract ends or the owner disables the workspace, the data is permanently deleted [15] days later, unless the law requires it to be kept. Until then, the owner can reactivate the workspace. Deleted data disappears from backups as they expire.

8. Personal data protection

For the personal data in the workspace, the Customer is the controller and info2K acts as processor under Article 28 GDPR. The terms of that processing are set out in the [Data Processing Agreement annexed to these terms — to be drafted]. The processing of account data and website data is described in the Privacy Policy.

The Customer warrants that it has a legal basis to record its staff's data in the service and that it has informed them of that processing.

9. Availability and support

info2K aims to keep the service available continuously but does not guarantee a specific service level unless agreed in writing. There may be interruptions for maintenance and updates, which we will try to schedule at times of low use. Support is provided by email at info@itrackflow.com on business days. [Review if a service level is contracted.]

10. Intellectual property

The software, the brand and the other elements of iTrackFlow belong to info2K. The Customer receives a non-exclusive, non-transferable right of use, limited to the term of the contract and to its internal business.

11. Liability

info2K is liable for damage caused by a culpable breach of its obligations. To the extent permitted by law, liability for loss of profit and indirect damage is excluded, and total liability is limited [to the amount paid by the Customer in the 12 months before the event / other limit to be defined]. These limits do not apply to wilful misconduct or gross negligence, or where the law does not allow them.

12. Suspension and termination

• The Customer may stop using the service at any time, by disabling the workspace or asking by email. [Notice periods and effects on invoicing to be defined.]
• info2K may suspend access, with prior notice whenever possible, in case of breach of these terms, a risk to the security of the service or non-payment.
• After termination, the data deletion period in clause 7 applies.

13. Changes

info2K may change these terms. Relevant changes will be announced to the workspace owner [30] days in advance, by email or in the app. Continuing to use the service after that date counts as acceptance.

14. Governing law and jurisdiction

These terms are governed by Portuguese law. Any dispute falls under the jurisdiction of the courts of [district], to the exclusion of any other.