Last Updated: November 8, 2023
Thank you for your interest in Time Tracking Power-Up by Everhour (further “Powerup”). Please read the Terms carefully. By using Powerup (other than reading these Terms for the first time) you agree to be legally bound by these Terms as well as terms and policies incorporated by reference in these Terms.
If you are an individual agreeing to the terms of these Terms on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity, and “you” and “your” shall refer herein to such entity.
IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, PLEASE RESTRAIN FROM USING POWERUP.
Please check this page periodically to obtain timely updates on any changes to these Terms. We reserve the right to update and modify the Terms at any time without notice. New features that may be added to Powerup are subject to these Terms. Should you continue to use Powerup after any update or modifications to the Terms have been made, this shall constitute your agreement to such changes.
Time Tracking Power-Up by Everhour is a valuable addition to Trello, the renowned project management software used across various industries. It addresses a crucial need that Trello alone doesn't fulfill: time estimates and time tracking
All rights to Time Tracking Power-Up belong to EVERHOUR LTD.
In these Terms the definitions listed below shall have the following meanings:
- “Service” means our Time Tracking Power-Up, our content and various third-party services that make up Powerup;
- “Website” means our websites located at everhour.com/trello-powerup, including all subpages;
- “Powerup” means our Websites and Services collectively;
- “you” or “your” means the person or entity that’s registered with us and uses Powerup;
To use Powerup, you shall:
- be at least 16 years of age if you are located in the European Union / 13 if you are located elsewhere / if you are younger than 13 years (or 16 where applicable), you must represent that your parent(s) or legal guardian has/have reviewed these Terms and allowed you to use Powerup subject to these Terms. We may require adequate proof of your identity and age and consent from parent(s) or legal guardian at any time;
- complete the registration process;
- provide current and accurate information;
- agree to these Terms; and
- promise to abide by the conditions set forth in these Terms.
When using Powerup, you understand and accept that Powerup uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Powerup.
RIGHT TO USE
Conditions. As long as you follow these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable right to use Powerup in compliance with these Terms. To avoid any doubt, you are entitled to use Powerup either individually or with your team.
When using Powerup, you shall not:
- Reverse engineer, disassemble, decompile, decode, adapt, hack or otherwise attempt to derive or gain access to the source code of Powerup, in whole or in part;
- Use access to Powerup, any other information for the purpose of building or replicating Powerup;
- Resell, create external hyperlinks, use, copy, track (e.g. using spider and scraping software), display, download or reproduce any piece of content or information, software, products or services available in Powerup for any competitive activity;
- Copy and / or distribute Powerup, in whole or in part;
- Try to interfere with the operation of Powerup, disrupt the process of providing Powerup to other users or otherwise try to harm Powerup and / or its users (DoS, DDoS attack, etc.);
- Use Powerup to solicit the performance of any activity which infringes our rights or the rights of others. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, our employee or officer will result in immediate account termination;
- Use Powerup to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us;
- Use information to which the requirements of personal data law apply (in particular, GDPR, CCPA) in violation of such law;
- Use Powerup in any other manner that is contrary to the applicable law or these Terms.
Violation of the conditions above or any other part of the Terms may result in the termination of your right to use Powerup without any refund. Your actions may also lead to legal consequences.
Powerup Ownership. We own Time Tracking Power-Up and hold all and any rights to Powerup (including all modifications and additions to Powerup, any versions thereof), its parts and components, and other intellectual property, except as expressly granted to you herein. you may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Powerup without our written permission.
Trademark Ownership. All trademarks, service marks, and trade names are owned, registered and / or licensed by us. You do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your use of Powerup.
Ownership over users’ content. You own your content. You are responsible for all content you provide and your activities on Powerup. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided by other users.
Any suggestions, enhancement requests, recommendations or other feedback we receive from you or your agents is subject to a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license, granted to us, to incorporate into Everhour for its improvement.
Power-Ups Marketplace. You acknowledge and agree that the availability of Time Tracking Power-Up by Everhour as a Power-Up is dependent on the Trello platform's Power-Ups Marketplace. You understand that these Terms are directly between you and us, and not with the Power-Ups Marketplace. You also agree to abide by all applicable policies of the Trello platform's Power-Ups Marketplace. If any conflict arises between these Terms and the policies of the Power-Ups Marketplace, the Power-Ups Marketplace's policies shall take precedence.
Amendments. You agree that our interaction with third parties depends on the terms and conditions of such third-party, and such terms and conditions can be amended at any time upon the initiative of a relevant third-party. Such amendments may make it impossible or significantly restrict the ability to use Powerup, but it is independent of our will and we are not responsible for it.
Powerup offers its users two types of subscriptions:
- Free plan: Includes a free version of Powerup for unlimited users and unlimited boards.
- Pro plan: Includes a paid version of Powerup with extended functionality. The paid version is available with a 14-calendar-day free trial period. Upon the expiration of this period, you may gain access to the extended version under a paid subscription. Services are billed in advance on a monthly basis. A valid credit card is required for you to continue using the services on a month-to-month basis after the free trial period (14 days) ends. Your account will automatically renew each month unless you change your subscription. You should ensure that sufficient funds are available in the relevant account and acknowledge that late payment may result in the suspension of the paid version of Powerup. Except when required by law, there will be no refunds or credits for partial months.
We, at our sole discretion and at any time, may modify the subscription types and fees. Any changes in subscription fees will become effective as of the following subscription period. You will receive reasonable prior notice of any changes in subscription fees, including by posting the changes on our website. If you do not agree with the change in subscription fees, you should cancel your subscription, and it will expire at the end of the current subscription period.
By purchasing a subscription, you confirm that you have all the necessary permissions to do so.
All fees are exclusive of any taxes or duties imposed by governing authorities. You are solely responsible for the payment of all such taxes or duties.
Term. Your right to use Powerup is valid from the moment you consent to these Terms and will remain in full force and effect until terminated as specified below.
To disable an enabled Power-Up, follow these steps: Click the "Power-Ups" button in the board toolbar, then navigate to "Settings" and select "Disable." For further information on removing Power-Ups, you can refer to the official Trello documentation available at: https://support.atlassian.com/trello/docs/enabling-power-ups/.
In the event of cancellation or termination of a paid subscription, we reserve the right to retain or delete the data you provided to us when using a paid subscription at our sole discretion subject to the applicable law. We will not have any liability whatsoever to you for any termination, including deletion of your content.
We also reserve the right to refuse the Service to anyone with immediate termination or suspension without notice in the following cases:
- If we have reasonable grounds to believe that you are in breach of these Terms or applicable laws;
- For any other reason.
If you want to completely delete your account and your data please contact us.
Effect of termination. Upon termination, you shall stop using Powerup. Termination by any reason does not bind us to return you any fees. Your obligations to pay off the outstanding payments to us, if any, shall remain in force after termination until their full performance.
You agree to indemnify and hold harmless us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors, assigns against any third-party claim arising from or in any way related to your breach of these Terms or your use of Powerup in violation of applicable laws, rules or regulations, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of any kind and nature.
REPRESENTATIONS AND WARRANTIES
No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty not expressly stated in these Terms. You are solely responsible for any consequences of your use of Powerup.
To the maximum extent permitted by law, we provide Powerup on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including warranties of merchantability and fitness for a particular purpose and to any warranties that:
- Powerup will meet your specific requirements;
- Powerup will be available in uninterrupted, timely, secure, or error-free basis;
- The results that may be obtained from the use of Powerup will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through Powerup will meet your expectations;
- Any errors in Powerup will be corrected.
LIMITATION OF LIABILITY
Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages incurred by you, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Powerup and any linked sites and services. Your sole course of action against us regarding service dissatisfaction with Everhour is to stop using Powerup. 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.
Cap on liability. 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 Powerup, our liability shall not exceed 100 euro.
Force majeure. You agree that in no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
You may not assign any of your rights and obligations under these Terms to anyone else. Any attempted assignment in violation of the foregoing will be null and void.
We reserve the right to assign our rights to any other individual or entity at our discretion without your consent. The provisions of these Terms shall be binding upon assignees.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
ENTIRETY OF AGREEMENT
These Terms and all documents incorporated into these Terms by reference constitute the final, complete and exclusive agreement between you and us with respect to the subject matters and govern your use of Powerup superseding any prior discussions and agreements between you and us (including any prior versions of the Terms).
AMENDMENTS AND CHANGES TO POWERUP
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.
Continued use of Powerup upon the effective date of changes to these Terms shall indicate your consent to such changes and agreement to be bound by the terms and conditions of such changes.
We reserve as well 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 Powerup, or any portion of Powerup for any reason; (2) to modify or change Powerup, or any portion of Powerup, and any applicable policies or terms; and (3) to interrupt the operation of Powerup, or any portion of Powerup, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
APPLICABLE LAW AND DISPUTE RESOLUTION
Applicable law. Any issue which is not agreed in these Terms will be governed by English law.
Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of these Terms by negotiations. The party which has any claims and / or disagreements shall send a message to the other party indicating the claims and / or disagreements that have arisen. If nevertheless a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court at the place of registration of us.
Titles and interpretation. The clause titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
If you have any questions or concerns about our Terms, please email us at firstname.lastname@example.org.