Terms of Service

Last updated: May 23, 2018

Thank you for your interest in Everhour. Please read these Terms carefully. By accessing our Website or using our Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

We reserve the right to update and modify the Terms at any time without notice. New features that may be added to the Service shall be subject to the Terms. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. Please check this page frequently to obtain timely updates from us.

Violation of any part of the Terms of Service may result in termination of your account.

Definitions

Everhour is a time tracking software service, designed to help teams manage their projects and staff. Software by Demand, Inc. is an authorized reseller of Everhour software developed by Weavora Consulting LLC - small web application company based in Minsk, Belarus.

  • When we say “Services”, we mean our websites, application programming interfaces (APIs), downloadable software, mobile application, our content, and various third-party services that make up Everhour;
  • When we say “Websites”, we mean our websites located at everhour.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future;
  • When we say “Everhour”, we mean our Websites and Services collectively;
  • When we say “You” or “Your”, we are referring to the person or entity that’s registered with us to use the Services;
  • When we say “Terms”, we mean our Terms of Service, which includes our Privacy Policy;

General Rules

To use Everhour, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:

  • You are responsible for all content you provide and your activities on Everhour;
  • You will use Everhour in compliance with all applicable laws, rules, and regulations;
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted;
  • You will not use Everhour to solicit the performance of any activity which infringes our rights or the rights of others;
  • You will not use Everhour to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us;
  • You understand that Everhour 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 people as you’d like;
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Everhour employee or officer will result in immediate account termination;
  • We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers;

If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with the Terms, we grant you a non-exclusive, non-transferable, limited privilege to use Everhour. Your use of Everhour is at your own risk.

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 Everhour and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Everhour, our Services, or our content on Everhour without our written permission.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Everhour or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

Passwords and Accounts

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re 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.

Payment Terms

The free trial offer entitles new, registered users to a fourteen (14) days free trial of the Services.

Service fees are usually calculated on a per user per month basis, and charged monthly or yearly -- depending on the Service Plan and other particulars of the subscription. Customer shall ensure that sufficient funds are available on the relevant account and acknowledges that late payment may result in the suspension of Service or termination of the Agreement.

All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.

Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the free trial period ends (14 days). The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account. Your account will automatically renew each month unless you change your subscription.

Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the free trial period ends (14 days). The Services are billed in advance on a yearly basis. No refunds for partial use or the amount of time left in your subscription are offered unless otherwise explicitly agreed. Your account will automatically renew each year unless you change your subscription.

If you initially sign up for a paying account, and you do not cancel that account within 30 days, your credit card will be charged monthly starting on the 30th day after that account was initially created. If you cancel the Service prior to the processing of your first invoice on the 30th day, your credit card will not be charged.

Should you upgrade or downgrade your account type, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every 30 days thereafter unless you cancel your account.

We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to our Website.

Cancellation and Termination

You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the "Account" > "Billing" link in the Service’s navigation menu. There is a simple link to cancel your account. Email or phone requests to cancel your account will not be deemed cancellation.

In the event of cancellation or termination we retain the right to retain or delete data provided to us by you at our sole discretion.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.

Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Everhour.

Representations and Warranties

To the maximum extent permitted by law, we provide Everhour on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that:

  • Everhour will meet your specific requirements;
  • Everhour will be uninterrupted, timely, secure, or error-free;
  • The results that may be obtained from the use of Everhour will be accurate or reliable;
  • The quality of any products, services, information, or other material purchased or obtained by you through Everhour will meet your expectations;
  • Any errors in Everhour will be corrected;

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 Everhour and any linked sites and services. Your sole remedy against us for dissatisfaction with Everhour is to stop using Everhour. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause 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 the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. 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 edited as little as necessary, and 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.

Entire Agreement

These Terms and all documents incorporated into these Terms by reference constitute the entire Agreement between you and us and govern your use of Everhour, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms).

Amendments and Changes to Everhour

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 won’t be effective until we post revised Terms on the Website.

It is your responsibility to check the Terms periodically for changes. Your continued use of Everhour following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Everhour, or any portion of Everhour for any reason; (2) to modify or change Everhour, or any portion of Everhour, and any applicable policies or terms; and (3) to interrupt the operation of Everhour, or any portion of Everhour, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Questions

If you have any questions or concerns about the Terms, please email us at ask@everhour.com