Please read these Terms carefully. By accessing and using Smaptime (as defined below) you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference to them without any modification. If you do not agree with these Terms in their entirety, do not use Smaptime.
Definitions
Agreement – an agreement for the use of Smaptime concluded between us and you.
Services – services provided to you under the Agreement.
Website – a collection of all domains and the web documents available that belong to us.
Smaptime - Website and Services referred to collectively.
Demo version – demonstration environment available to all prospective Clients for reviewing and trying-out Smaptime’s look, logic and functionality.
You/ your/ Client – a person or entity who has entered into the Agreement with us.
We/ us/ our – Smart Accounting SIA registered under the laws of Republic of Latvia, registration number 40003694889, registered address at Republikas laukums 3-124, Riga LV-1010, Latvia.
Terms - our standard terms of use of Smaptime.
User – a natural person who uses Smaptime in the name of and under your authorisation.
Contents – the data entered by the Users.
Client Account – a profile connected to a specific Client for the use of Smaptime.
User Account – a User profile connected to the Client Account for the use of Smaptime, which is used to identify the User and provide personal access to Smaptime.
Privacy Policy – a policy which explains how we process the personal data of the Clients, their representatives, the Users and the marketing leads.
General principles
Smaptime is a timesheet solution aimed for use by accountancy professionals.
To use Smaptime, you must (a) have proper legal authority to act; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to abide by the conditions below:
- You are responsible for all Content you provide and your activities on Smaptime
- You will use Smaptime in compliance with all applicable laws, rules and regulations
- You will not use Smaptime to solicit the performance of any activity which infringes our rights or the rights of others
- You are aware that Smaptime uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service
- You must not modify, adapt or hack the Service
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many Users as you need.
If you violate any of the conditions above or any of the rules in these Terms, we may terminate your account.
As long as you comply with the Terms, we grant you a non-exclusive, non-transferable, limited privilege to use Smaptime. Your use of Smaptime is at your own risk.
Conclusion of the Agreement
The Agreement shall be concluded when you and us have signed the Agreement that contains a reference to the Terms and the Privacy Policy. The Agreement on your behalf shall be signed by a person with rights and authorisations to enter into the Agreement.
You will thoroughly familiarise yourself with the Terms and Privacy Policy before entry into the Agreement. You will ensure that Users have also read through the Terms and the Privacy Policy thoroughly.
We have the right to refuse concluding the Agreement with any person without providing any explicit reasoning thereof. The Terms and the Privacy Policy shall be available for you and Users on the Website.
Intellectual property
You own your Content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own Smaptime. You may not copy, reproduce, alter, modify, resell, mirror or create derivative works of Smaptime, our Services or our content on Smaptime without our written permission.
Any suggestions, enhancement requests, recommendations or other feedback we receive from your is subject to a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license, granted to us, to incorporate into Smaptime for the improvement of our services.
Accounts and passwords
The User Accounts are administered by you. You have the right to create, edit and disable User Accounts and the information about the User at your own discretion.
Upon each log-in to Smaptime via its account, the User dully confirms the rights and authorisations to use Smaptime in your name. We are not obliged to verify this.
You are responsible for keeping your account name and password confidential. Users are responsible for keeping their account name and password confidential. You are also responsible for any account that you have access to.
You will notify us immediately of any unauthorized use of your account(s). We shall take all reasonable steps to protect or delete it. We are not responsible for any losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
Fees and payment
Our fees are published on the Website.
You will remunerate us for using Smaptime.
Upon enquiry and our consent to it, you will have the right to access Demo version free of charge. Content posted into Demo version by prospective clients is automatically and permanently deleted twice a month on 2nd and 16th dates. It is sole responsibility of prospective clients to choose what Content they post and thus share with other prospective clients, who may be simultaneously testing the Demo version. We strongly advice that prospective clients refrain from using any real, commercially sensitive and personal data, whilst using Demo version.
Service fees are calculated on a per tier per month basis and charged monthly unless explicitly agreed otherwise. Our fees may as well include remuneration for other one-off type services explicitly ordered by you.
All fees are exclusive of all taxes, which we shall charge where applicable.
Services are billed in advance and are non-refundable. All amounts billed are due and payable by the due date indicated on the invoice. Late payment of our fees may result in a suspension of the Service or a termination of the Agreement.
There will be no refunds or credits for partial months or for months unused with an open account. Your account will automatically renew each month unless you cancel your subscription.
We reserve the right to change service fees at any time. We will give you thirty (30) days notice of any changes. Such notice may be provided at any time by posting the changes to our Website.
Contents and Data Processing
We provide hosting and maintenance service to you via Smaptime. You unilaterally decide if and what Contents, including personal data, you want to process on Smaptime. As such, we process any personal data in the Contents on your behalf solely for the purpose of providing the Services and act as a data processor as regards such personal data, whereas you act as a data controller as regards such personal data.
Except for in the Demo version or during the deployment, we do not access the Contents unless requested by you. The Users can only access the Contents that you have made available to them.
The categories of the personal data whom you may process in the Contents may include but not be limited to: identification data, employment data, data related to the use of the Services.
You and us will observe our respective obligations under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and any other relevant applicable data protection regulations (together Data Protection Laws).
For the purposes of these Terms, the terms “controller”, “processor”, “personal data”, “data subject”, “personal data breach” shall have the meaning given in the GDPR. “Sub-processor” shall mean another processor engaged by us to process the personal data in the Contents.
You as a data controller are fully responsible for any personal data in the Contents that you process using Smaptime. You dully confirm that your personal data processing practices are fully compliant with the Data Protection Laws, including that you have a legal basis to process the personal data in the Contents as stipulated herein and that you have properly informed the data subjects thereof. If a User adds Contents to Smaptime, it shall ensure its accuracy, correctness, completeness, relevance and its compliance with the Agreement, good practice, and legal acts.
We take appropriate technical and organizational security measures. In deciding on those measures, we assume that Smaptime is used for its intended purposes which should not include the processing of any special categories of personal data.
We shall notify you in case of receipt of a request from a data subject. We shall not respond to a data subject request without your prior written consent.
We shall notify you without undue delay by email if we become aware of a personal data breach and will cooperate with you as regards the data breach. In such case, you may use the information received from us about the data breach only to ensure and/or demonstrate your compliance with the Data Protection Laws. You will keep this information confidential unless such information must be disclosed under any applicable laws.
Support, maintenance and development
We aim to deliver simple, intuitive and friendly use of Smaptime. To that end, we may change Smaptime’s components from time to time. We shall notify you of important changes within a reasonable timeframe before they enter into force.
We shall provide some readily available orienteering materials for the use of Smaptime, given our mission of keeping it simple and processes being built reasonably evident and self-explanatory. In case there are any problems, questions or suggestions, you can contact us via the contacts indicated on the Website.
We can temporarily restrict access to Smaptime if it is necessary for amending, maintaining or updating it due to replacement, changing, or maintenance works done by us or third parties, and other cases that emerge from the legal acts or decisions of competent authorities. We shall notify you of the planned maintenance works thereof in due course.
If errors or any other functioning flaws are found in Smaptime that hinder its intended use, we shall eliminate these disturbances as soon as we reasonably can.
Cancellation and termination
You have rights to cancel the Agreement at any time unilaterally without cause by informing us thereof by email. We shall confirm authenticity of such requests and shall cease rendering Service upon completion of authentication procedures.
We have rights to cancel the Agreement unilaterally without cause by informing you thereof by email 30 days before the planned date of termination. In that case, the Agreement shall terminate after 30 days have passed from submission of the cancellation notice. We also have rights to the cancel the Agreement unilaterally without notice if (1) you submitted false information about yourself, (2) you become insolvent or commence liquidation process, (3) you cause to us any sort of damage, intentionally or due to gross negligence, (4) you violate the terms of the Agreement.
In the event of cancellation or termination we will delete your Contents within 30 days of cancellation/ termination date. You can download Content from Smaptime on “as is” basis.
Representations and warranties
We provide Smaptime on an “as is” basis. This means that we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of fitness for a particular purpose and to any warranties that:
- Smaptime will meet your specific requirements
- Smaptime will be uninterrupted, unbreakable or error-free
- The results that may be obtained from the use of Smaptime will be relevant or reliable
- Suggested improvements to Smaptime will be made.
Limitation of liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Smaptime. Your sole course of action against us regarding service dissatisfaction with Smaptime is to stop using Smaptime. This limitation of damages is a central part of our agreement. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other course of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Smaptime, our liability shall not exceed twice the fees you paid us for the Services in the previous month or the actual damages, whichever is the lesser. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Force majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
Severability
If one or more sections of the Terms are held unenforceable, then those sections will be removed or amended as little as necessary, so that the rest of the Terms will still be valid and enforceable.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
No waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Amendments and changes to Smaptime
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time with or without a notice. Amendments or changes to these Terms will come into effect as soon as we post the revised Terms on the Website.
It is your responsibility to check the Terms periodically for changes. Your continued use of Smaptime following the posting of changes will mean that you accept and agree to the changes.
Applicable Law and Settlement of Disputes
This Agreement is governed by the laws of the Republic of Latvia.
If you are not satisfied with our activities, you have the right to file a complaint to us. We shall make efforts to settle the disputes by means of negotiations. Other contractual disputes between you and us shall also be sought to be settled by negotiations.
Any unresolved dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled in the Latvian Chamber of Commerce and Industry Court of Arbitration in Riga in accordance with its Rules of Arbitration. The number of arbitrators shall be one. The language of the arbitration shall be Latvian.
Terms valid from 06.10.2020