TallyStick - Terms of Service

We (the folks at Open Source Solutions Limited) run a time tracking and reporting service called TallyStick and would love for you to use it. All our services have a free trial period and then we offer paid packages depending on the level of usage.

The following terms and conditions govern all use of the TallyStick website and all content, services and products available at or through the website, including, but not limited to, the TallyStick time tracking and reporting service, (taken together, "the Website"). The Website is owned and operated by Open Source Solutions Limited. ("Open Solutions"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website's Privacy Policy) and procedures that may be published from time to time on this Site by Open Solutions (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Open Solutions, acceptance is expressly limited to these terms.

1. Your TallyStick Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Open Solutions of any unauthorised uses of your account or any other breaches of security. Open Solutions will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

   You will be responsible for the information you submit to this website, including obtaining the legal permission for any and all works which they include, and also ensuring that the contents of these pages does not violate Irish, European or International law. Open Solutions shall not be responsible for any illegal or infringing material posted on this website by our users. Further to this, where a third party confirms illegal activity on a user's account, Open Solutions may at its sole discretion, contact the user immediately, and begin an investigation into same. Any and all services may be suspended while this investigation takes place. Open Solutions will make all efforts to conduct any investigation without delay, and will not be responsible or liable for any loss, damage, whether general or consequential caused by same. Where Open Solutions considers material on the site as illegal, defamatory or abusive they shall, at their sole discretion terminate services. Where services are terminated on these grounds, the contract between the parties will be considered to be at an end.

   To protect your privacy, we will not distribute your name, email address or other personal information (as per our privacy policy, unless required to do so under law, or where same is required in relation to the successful provision of services. The list of information which may be provided under this condition is not exhaustive.

2. Payment and Renewal.
   • General Terms.

     After an initial free period, accounts on TallyStick are a paid subscription service. By continuing your account past the initial free period, you agree to pay Open Solutions the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis from the day you sign up for the subscription service (which does not happen until the free period ends) and will cover the use of that service for a monthly subscription period as indicated. Subscription fees are not refundable.

   • Automatic Renewal.

     Unless you notify Open Solutions before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable usage-based subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time via your account section of your site's dashboard.

     Subscriptions are usage based. Your level of subscription charges for the coming month will be based on your usage the previous month. Your subscription fees will automatically adjust up or down the usage bands from month to month. The bands are explained on the pricing section of the Website.

     The user is responsible for all charges on the service account until a cancellation request is received.

   • Missed or Failed Payments / Arrears

     Credit terms are not provided. If payment is not made in full within 14 days of an invoice, all technical support for the site may be revoked at the company's discretion. If payment is still not made in the following 7 day period your account will be suspended. If payment is still not made in the following 30 day period, your account will be deleted.

     If your account is cancelled and is later re-activated, an administration fee of up to €50.00 may be levied on your account.

     All invoices are sent by email to all administrators of an account.

3. Responsibility of Website Visitors. Open Solutions has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Open Solutions does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Open Solutions disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TallyStick links, and that link to TallyStick. Open Solutions does not have any control over those non-TallyStick websites and webpages, and is not responsible for their contents or their use. By linking to a non-TallyStick website or webpage, Open Solutions does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Open Solutions disclaims any responsibility for any harm resulting from your use of non-TallyStick websites and webpages.
5. Copyright Infringement and DMCA Policy. As Open Solutions asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TallyStick violates your copyright, you are encouraged to notify Open Solutions. Open Solutions will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Open Solutions will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Open Solutions or others. In the case of such termination, Open Solutions will have no obligation to provide a refund of any amounts previously paid to Open Solutions.
6. Intellectual Property. This Agreement does not transfer from Open Solutions to you any Open Solutions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Open Solutions. Open Solutions, TallyStick, and all other trademarks, service marks, graphics and logos used in connection with TallyStick, or the Website are trademarks or registered trademarks of Open Solutions or Open Solutions' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Open Solutions or third-party trademarks.
7. Advertisements. Open Solutions reserves the right to display advertisements on the Website unless you have purchased subscription account.
8. Changes. Open Solutions reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Open Solutions may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. Open Solutions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your free TallyStick account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid subscription account, such account can only be terminated by Open Solutions if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Open Solutions' notice to you thereof; provided that, Open Solutions can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Inactive Accounts. If your account is inactive for at least three months and has had no subscription paid on it for the same period, we may deactivate your account. We will notify you by email if we decide to deactivate your account. If after your account has been deactivated it stays inactive and we don't hear from you, we may terminate it at any time and without notice.
11. Disclaimer of Warranties. The Website is provided "as is". Open Solutions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Open Solutions nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Open Solutions, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Open Solutions under this agreement during the twelve (12) month period prior to the cause of action. Open Solutions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Open Solutions Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Ireland or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless Open Solutions, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Bandwidth / Resource Usage. If your resource usage reaches the points where it has an adverse affect on other users we reserve the right to disable your account until you can reduce your bandwidth / resource usage.
16. Miscellaneous. This Agreement constitutes the entire agreement between Open Solutions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Open Solutions, or by the posting by Open Solutions of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Ireland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Ireland. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Open Solutions may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log

• February 1st 2012: inital version.

Source

These terms of service are an edited version of those of Automattic, Inc for their WordPress.com website. They have shared their version under a Creative Commons Sharealike license, which means you're more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you.