The My Hours service is an online,subscription-based, hosted, supported and operated on- demand solution (“Cloud Service”) provided by Špica International d.o.o. (“SPICA”) under a written purchase order. SPICA is who is also the owner of My Hours website (www.myhours.com),its contents and the software application. The acceptance of this Terms of Use constitutes the written agreement which is legally binding for both parties and valid until it is terminated by one of the parties. SPICA is reserving the right to amend or change the terms of use without prior notice. SPICA will however take reasonable steps to inform users about any such change and provide the easy-exit procedure in case of users wishing to terminate the agreement and leave the service at any time, for any reason. SPICA is not responsible for the Cloud Service unavailability, data errors, inaccuracies or for any consequential damage caused by the use, or inability to use the Cloud Service.
SPICA grants to users a non-exclusive,non-transferable and world-wide right to use the Cloud Service (including its implementation and configuration), any materials and documentation solely for user’s internal business operations. Cloud Service may include integrations with web services made available by third parties(other than SPICA or its affiliates) that are accessed through the Cloud Service and subject to terms and conditions with those third parties. These third party’s web services are not part of the Cloud Service and the agreement does not apply to them.
Support of the Cloud Service is performed in accordance with general terms and conditions of support services.
My Hours collects personal information from its users and as a service, allows users to collect personal information of other users. According to EU regulation regarding personal data (GDPR) Spica is the processor of the personal data managed by My Hours and the User is deemed the controller. Furthermore, these Terms of Use are deemed the Data Processing Agreement required by the regulation. In case the User requires the agreement in a classic paper format signed and dated by both parties, the signed PDF version will be provided on request.
SPICA is committed to fulfill any request made by the Users stemming from the provisions of personal data protection legislation, upon user’s reasonable request. SPICA may charge the user reasonable costs of fulfilling such requests.
Personal data is governed by My Hours Data Processing Agreement.
SPICA is ISO27001 certified and takes all reasonable measures to protect the information kept by My Hours from unauthorized use and to prevent unauthorized access to My Hours and its data. My Hours allows its administrative users (admins) to store, process and manage personal information of other users such as employees, temporarily hired workforce, subcontractors and other contributors of their time tracking information. Admins are responsible for protecting the privacy of the personal data they collect and manage with the service. SPICA follows best business practices for protecting the user data such as secure communication, data encryption, user identification and authorization, rights management, safe storage and redundancy. All the user information is stored on servers in a secure operating environment. The My Hours server software runs in a multi-tenant environment using logical tenant isolation in Microsoft Azzure infrastructure. Although SPICA has taken all reasonable measures to minimize the risks of data loss, including the regular data backup, SPICA takes no responsibility for eventual data recovery failure or data loss in general. To help preserving the data in case of corruption, loss or Cloud Service cancellation SPICA allows unhindered export of data during the time of active subscription. SPICA is committed to promptly inform the users about all security, privacy and data safety incidents.
User is responsible for its data and entering it into the Cloud Service. User grants to SPICA a nonexclusive right to process such data solely to provide and support the Cloud Service.
At the end of the agreement, SPICA will delete the user’s data remaining on servers hosting the Cloud Service unless applicable law requires retention.
The Cloud service is paid by monthly or annual subscription. The subscription is billed at the beginning of the subscription period. Subscription is billed automatically according to the current number of users. The customer account is billed according to the price listed, the currency available for the country of the user’s origin and the exchange rate used by the checkout system. The subscription can be cancelled at any time by following the Settings link in the global navigation bar. The Account screen provides a simple and straight, no questions asked cancellation process. The customer is solely responsible for properly cancelling his account. Email messages are not accepted as cancellation. Spica, in its sole discretion, reserves the right to suspend or terminate any customer account and refuse any and all current or future use of the Cloud service, or any other SPICA service, for any reason at anytime.
With respect to the Cloud service, user will not:
SPICA may create analyses utilizing, in part, information derived from user’s use of the Cloud service. Analyses will anonymize and aggregate information, and will be treated as confidential information. Examples of how analyses may be used include:optimizing resources and support; research and development; automated processes that enable continuous improvement, performance optimization and development of new SPICA products and services; verification of security and data integrity; internal demand planning; and data products such as industry trends and developments, indices and anonymous benchmarking.
SPICA warrants that during an applicable subscription term (a) this agreement, and any documentation will accurately describe the applicable administrative, physical,and technical safeguards for protection of the security, confidentiality and integrity of user’s data, (b) SPICA will not materially decrease the overall security of the Cloud Services, (c) the Cloud Services will perform materially in accordance with the applicable documentation, (d) will not breach registered intellectual property rights of any 3rd party.
For any breach of a warranty above, user’s exclusive remedy is termination.
Any liability or warranty as regards the free usage of Cloud Service being free of any material defects and defects in title in excess thereof shall be precluded.
SPICA shall not be held liable for any loss,including loss of profits, indirect or incidental loss, loss of data, non-function of the Cloud Service or its functionalities if:
SPICA’s total liability for any damages or claims under this agreement is limited to the 10% of the value of the subscription fees paid in the last 6 months, except in case SPICA caused the damage with willful intent or gross negligence.
Payment terms are 8 days from the date of the invoice . If My Hours subscription is not paid one month after becoming due, the Cloud service falls into dormant mode. In dormant mode, real-time time tracking is still recorded. Dormant accounts are kept in dormant mode for 90 days. During that time, the account can be reactivated simply by paying one-month subscription, where the rate is calculated according to the last month of active use. After 90 days, dormant accounts are automatically cancelled.
All the fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.Customers outside EU are responsible for payment of all such taxes, levies, or duties. Customers within EU are treated according to EU tax regulation, as follows:
The Agreement and any claims relating to its subject matter will be governed by and construed under the laws of Slovenia, without reference to its conflicts of law principles. All disputes will be subject to the exclusive jurisdiction of the courts located in Ljubljana. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (where enacted) will not apply to the Agreement.
Either party must initiate a cause of action for any claim(s) relating to this agreement and its subject matter within one year from the date when the party knew, or should have known after reasonable investigation, of the facts giving rise to the claim(s).
Valid from: 14.2.2020
This version supersedes all previous versions.
Špica International d.o.o.
Pot k sejmišču 33, 1000 Ljubljana
Slovenija, EU
www.spica.com
