TERMS AND CONDITIONS

Last Updated: February 17, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and the Provider governing your access to and use of the Clock Commander platform (the “Platform”).

The Platform is a cloud-based Software-as-a-Service (SaaS) solution designed to provide time tracking and leave management functionalities for teams and organizations.

By:

  • creating an account,

  • accessing the Platform,

  • or using any part of the Services,

you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such case, “Customer” refers to that entity.

If you do not agree to these Terms, you must not access or use the Platform.

2. Definitions

For the purposes of these Terms:

“Provider” means the entity operating and providing the Platform.

“Customer” means the company, organization, or individual subscribing to the Platform.

“User” means any individual authorized by the Customer to access and use the Platform under the Customer’s account.

“Services” means the time tracking, leave management, reporting, and related functionalities provided through the Platform.

“Subscription Plan” means the pricing tier selected by the Customer, which determines usage limits and applicable fees.

“Customer Data” means all data, content, and information entered, uploaded, or generated within the Platform by or on behalf of the Customer or its Users.

“Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.

3. Scope of Services

The Provider grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Platform during the applicable subscription period.

The Platform provides:

  • employee time tracking tools;

  • leave request and approval workflows;

  • department and individual calendars;

  • reporting dashboards;

  • exportable reports in PDF and CSV formats.

The Platform is provided as a cloud-based service accessible via the internet. No software is transferred to the Customer other than temporary browser-based access.

The Provider does not:

  • process payroll,

  • calculate salaries,

  • provide tax, legal, or accounting advice,

  • guarantee compliance with local labor laws.

The Customer is solely responsible for ensuring that its use of the Platform complies with applicable laws and regulations.

4. Account Registration and Responsibilities

To access the Services, the Customer must create an account and provide accurate and complete information.

The Customer agrees to:

  • maintain the confidentiality of login credentials;

  • restrict access to authorized Users only;

  • ensure that Users comply with these Terms;

  • promptly notify the Provider of any unauthorized access or security breach.

The Customer is responsible for all activities conducted under its account, whether authorized or not.

The Provider reserves the right to suspend or terminate accounts that provide false information or violate these Terms.

5. Subscription Plans, Fees and Payment

The Platform operates under a freemium and subscription-based model.

5.1 Subscription Plans

The Customer may choose between available Subscription Plans, which may vary based on the number of authorized Users and other usage limits.

Plan details, including pricing and features, are described on the Provider’s website and may be updated from time to time.

5.2 Fees

Paid Subscription Plans require payment of the applicable subscription fees.

Unless otherwise stated:

  • Fees are billed in advance.

  • Fees are non-refundable, except where required by applicable law.

  • All fees are exclusive of applicable taxes, including VAT.

The Customer is responsible for paying any taxes imposed by applicable law.

5.3 Billing and Payment

Payment must be made using the available payment methods indicated at checkout.

If payment is not received when due, the Provider may:

  • suspend access to the Services;

  • downgrade the account;

  • terminate the subscription after reasonable notice.

5.4 Price Changes

The Provider may modify subscription pricing upon prior notice.
Price changes will apply at the next billing cycle.

6. Free Plan and Trial Terms

The Platform may offer a free plan or promotional trial.

The free plan:

  • may have usage limits;

  • may restrict certain features;

  • is provided without service level guarantees.

The Provider reserves the right to:

  • modify or discontinue the free plan;

  • introduce new limitations;

  • terminate free accounts that remain inactive or violate these Terms.

Free plans are provided strictly “as is,” without warranties of any kind.

7. Acceptable Use Policy

The Customer agrees not to, and not to permit Users to:

  • use the Platform for unlawful purposes;

  • upload malicious code, viruses, or harmful scripts;

  • attempt to gain unauthorized access to the Platform or related systems;

  • interfere with the security or integrity of the Platform;

  • reverse engineer, decompile, copy, or attempt to extract source code;

  • use automated tools to scrape, crawl, or harvest data from the Platform;

  • resell, sublicense, or commercially exploit the Services without authorization.

The Provider may suspend or terminate accounts that violate this section.

8. Intellectual Property Rights

The Platform, including all software, design, code, documentation, trademarks, and related materials, is and remains the exclusive property of the Provider.

Nothing in these Terms transfers ownership of intellectual property rights to the Customer.

The Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for internal business purposes during the subscription period.

Feedback

If the Customer provides suggestions, ideas, or feedback regarding the Platform, the Provider may use such feedback without restriction or compensation.

9. Customer Data and Data Ownership

9.1 Ownership

The Customer retains all rights, title, and interest in and to all Customer Data.

The Provider does not claim ownership of Customer Data.

9.2 License to Process

The Customer grants the Provider a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely for the purpose of providing and improving the Services.

9.3 Responsibility for Data

The Customer is solely responsible for:

  • the accuracy and legality of Customer Data;

  • ensuring that it has the necessary rights and legal basis to process personal data within the Platform;

  • compliance with applicable employment and data protection laws.

9.4 Data Export and Deletion

The Platform allows Customers to export reports in PDF and CSV formats.

Upon termination:

  • the Customer may request export of its data within a reasonable period;

  • the Provider may delete Customer Data after such period, unless retention is required by law.

10. Data Protection and Privacy

10.1 Compliance with Data Protection Laws

The Provider processes personal data in accordance with applicable data protection laws, including:

  • the EU General Data Protection Regulation (GDPR),

  • and other applicable privacy regulations depending on the Customer’s location.

10.2 Roles of the Parties

Where personal data of employees or Users is processed:

  • the Customer acts as the Data Controller;

  • the Provider acts as the Data Processor.

The Provider processes personal data solely on documented instructions from the Customer.

10.3 Data Processing Agreement (DPA)

Where required under applicable law, a Data Processing Agreement (DPA) shall form part of these Terms or be entered into separately.

10.4 International Transfers

If personal data is transferred outside the European Economic Area (EEA), the Provider shall ensure appropriate safeguards are in place, such as:

  • Standard Contractual Clauses (SCCs),

  • or other lawful transfer mechanisms.

10.5 Privacy Policy

Additional information about data collection and processing is available in the Provider’s Privacy Policy.

11. Confidentiality

Each party agrees to maintain the confidentiality of Confidential Information received from the other party.

Confidential Information includes:

  • technical information,

  • business strategies,

  • pricing,

  • non-public product information.

Confidential Information does not include information that:

  • is publicly available without breach;

  • was lawfully known prior to disclosure;

  • is independently developed;

  • is required to be disclosed by law.

Confidentiality obligations survive termination of these Terms.

12. Security Measures

The Provider implements commercially reasonable technical and organizational measures designed to protect Customer Data against:

  • unauthorized access,

  • loss,

  • misuse,

  • alteration.

Such measures may include:

  • secure hosting environments;

  • encryption in transit (e.g., HTTPS);

  • access control mechanisms;

  • role-based permissions.

However, no system can guarantee absolute security.

The Customer acknowledges that the use of cloud-based services involves inherent risks and agrees that the Provider shall not be liable for security incidents beyond its reasonable control.

13. Service Availability and Support

13.1 Availability

The Provider shall use commercially reasonable efforts to make the Platform available on a continuous basis.

However, the Customer acknowledges that:

  • the Platform may be temporarily unavailable due to scheduled maintenance;

  • emergency maintenance may occur without prior notice;

  • interruptions may occur due to factors beyond the Provider’s control (including hosting provider failures or internet disruptions).

Unless otherwise agreed in writing, no specific uptime level or service level agreement (SLA) is guaranteed.

13.2 Support

Support may be provided via:

  • email;

  • in-platform communication;

  • or other designated support channels.

The scope and response times of support may vary depending on the Subscription Plan.

14. Term and Termination

14.1 Term

These Terms remain in effect as long as the Customer maintains an active account.

Paid subscriptions renew automatically unless cancelled before the renewal date.

14.2 Termination by Customer

The Customer may terminate its subscription at any time by:

  • cancelling through the account settings; or

  • notifying the Provider in writing.

Termination does not entitle the Customer to a refund for the current billing period, unless required by law.

14.3 Termination by Provider

The Provider may suspend or terminate access to the Platform if:

  • the Customer breaches these Terms;

  • payment is overdue;

  • the Platform is used in violation of applicable law.

14.4 Effect of Termination

Upon termination:

  • access to the Platform may be revoked;

  • Customer Data may be retained for a limited period for export purposes;

  • thereafter, Customer Data may be permanently deleted unless retention is required by law.

15. Warranties and Disclaimers

15.1 Limited Warranty

The Provider warrants that it will provide the Services in a commercially reasonable manner.

15.2 Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided:

  • “as is”;

  • “as available”;

  • without warranties of any kind, express or implied.

The Provider disclaims all implied warranties, including:

  • merchantability;

  • fitness for a particular purpose;

  • non-infringement.

The Provider does not warrant that:

  • the Platform will be uninterrupted or error-free;

  • defects will be corrected;

  • the Services will meet specific business requirements.

16. Limitation of Liability

To the maximum extent permitted by applicable law:

The Provider shall not be liable for:

  • indirect, incidental, consequential, special, or punitive damages;

  • loss of profits;

  • loss of business opportunities;

  • loss of data;

  • reputational damage.

The total aggregate liability of the Provider arising out of or relating to these Terms shall not exceed the total amount paid by the Customer during the twelve (12) months preceding the claim.

Nothing in these Terms limits liability for:

  • fraud;

  • willful misconduct;

  • or any liability that cannot be excluded under applicable law.

17. Indemnification

The Customer agrees to indemnify, defend, and hold harmless the Provider, its affiliates, officers, and employees from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • the Customer’s use of the Platform;

  • violation of these Terms;

  • violation of applicable laws or regulations;

  • infringement of third-party rights caused by Customer Data.

The Provider shall promptly notify the Customer of any claim subject to indemnification and shall reasonably cooperate in the defense.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to:

  • natural disasters;

  • war or terrorism;

  • governmental actions;

  • labor disputes;

  • cyberattacks;

  • internet or infrastructure failures.

The affected party shall notify the other party within a reasonable time of the occurrence of such event.

19. Assignment and Subcontracting

The Customer may not assign or transfer its rights or obligations under these Terms without prior written consent from the Provider.

The Provider may assign these Terms:

  • to an affiliate;

  • in connection with a merger, acquisition, or sale of assets;

  • or to a successor entity.

The Provider may use subcontractors or third-party service providers (e.g., hosting providers) to perform parts of the Services, while remaining responsible for compliance with these Terms.

20. Modifications to the Terms

The Provider may update or modify these Terms from time to time.

Material changes will be communicated via:

  • email notification; or

  • in-platform notice.

Continued use of the Platform after the effective date of the updated Terms constitutes acceptance of the revised Terms.

If the Customer does not agree to the updated Terms, it must discontinue use of the Platform before the changes take effect.

21. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Romania, unless mandatory law provides otherwise.

22. Miscellaneous

22.1 Entire Agreement

These Terms constitute the entire agreement between the parties regarding the use of the Platform and supersede all prior agreements or understandings.

22.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22.3 Waiver

Failure by either party to enforce any provision shall not constitute a waiver of future enforcement.

22.4 Notices

Notices may be provided via email, in-platform notification, or other reasonable electronic means.

22.5 Electronic Communications

The parties agree that electronic communications satisfy any legal requirement for written communication.

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