Introduction
The following terms and conditions (the “Agreement”) govern all use of the FlexyTime.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is a real-time time tracking service that analyzes productivity. The Service is owned and operated by Eclone Yapay Zeka AS (“FlexyTime”).
If you are a company, organization, institution, head of group of people, etc. (mostly the one who pays for the Service), you are referred to as a “Client”. If you are the end-user of the Service, you are referred to as “User.” The Agreement is binding to FlexyTime and you (Client and/or User).
The Service is offered subject to your acceptance of the Agreement and all other operating rules, policies, and procedures that may be published from time to time on the Site by FlexyTime – including, without limitation, Privacy Policy, and others. If you do not agree to the Agreement or any part of it, do not use the Site and the Service.
To enjoy all the benefits of FlexyTime, you must register on the Site (including by filling out all required personal information). You may cancel your subscription at any time. To complete registration, you shall provide an email address and a password. Before using the Service, you will need to download and install the software on all your workstations. You shall never use another User’s FlexyTime account. You are solely responsible for the activity on your account and must keep your account password secure. You must notify FlexyTime immediately of any security breach or unauthorized use of your account. Although FlexyTime will not be liable for losses caused by unauthorized use of your account, you may be liable for the losses of FlexyTime or others due to such unauthorized use. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
FlexyTime may change, suspend, or discontinue the Services, fees, charges, etc. at any time, including the availability of any feature. FlexyTime may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. You certify to FlexyTime that you have full power and authority to enter into the Agreement and, if registering on behalf of a company or other entity, that you have been conferred full authority to bind your principal or company. If you are an individual (i.e., not a company), you shall be at least 18 years of age. You also certify you are legally permitted to use the Service, and you take full responsibility for the selection and use of the Service.
You hereby acknowledge that you shall use the Service solely for lawful purposes and comply with the Agreement. Violation of any of the terms will result in the termination of your account. FlexyTime will not be responsible for the content posted on the Service. You agree to use the Service at your own risk. The Service is provided on an “as is” and “as available” basis. FlexyTime shall not be liable for any age restrictions to apply to the use of the Service. You acknowledge that you have the required legal capacity to use the Service and be liable for executing the Agreement. You must not violate any laws in your jurisdiction.
If you do not comply with these provisions or abuse the Service, FlexyTime has complete discretion to delete or block your account at any time, without prior notice and explanation, and as a contractual penalty to retain the amount you paid for the Service. In this event, you shall not have the right to compensation or to receive any compensation for your purchases at FlexyTime.
You agree that you will not: impersonate any person, violate any local, state, or national law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in the Agreement; reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, including use of the Service, or access to the Service.
FlexyTime reserves the right, at its discretion, to modify this Agreement, the Service, fees, charges, terms, etc., at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such modification constitutes your acceptance of changes as modified.
FlexyTime uses Iyzico a PayU company, for payment transactions. Iyzico may save your credit card information and use it for all future charges, which will automatically be charged unless you notify us. For recurring fees, FlexyTime will charge you each billing period. When Client uses a Service that has a fee, the Client will be charged the current fees, which we may change from time to time. FlexyTime reserves the right to change its Payment methods.
By filling in your payment information through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.
The Service is billed in advance, and the pre-payment is non-refundable. There will be no refunds or credits for partial months of Service or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
You will be charged monthly with the monthly cycle. A new monthly cycle starts every month on the first date and ends on the last day of the month. For any update in plan level, we will immediately charge the difference in plan cost, prorated for the remaining time in your billing cycle. For any downgrade in plan level, we will automatically charge you the new rate on your next billing cycle.
We may refuse to process a transaction for any reason or refuse the Service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of refusing or suspending any transaction after processing has begun. Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments, and applicable taxes associated with our Site and Services.
If you cancel your subscription or your account is deleted, FlexyTime will not refund any fees that may have accrued before the termination.
30-day money-back guarantee: If you are not satisfied with our Service, send us an email within 30 days from the date you created your account, and we will refund the total cost of your purchase. Please include the reason for your dissatisfaction. Your refund will be processed, and a credit will automatically be applied to your credit card or original payment method, generally within seven working days since your request has been approved.
You expressly understand and agree that FlexyTime (and its officers, directors, agents, subsidiaries, joint ventures, and employees) shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Service; the cost of procurement of substitute services resulting from any data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Service; or any other matter relating to the Service.
FlexyTime does not warrant that: (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any Services, information, or other material purchased or obtained by you through the Service will meet your expectations.
Any claim arising out of or related to the use of the Service shall be filed to FlexyTime within 90 days after the claim or cause of action accrues; otherwise, it will be considered that you have no claims.
To the fullest extent permitted by law, and notwithstanding any other provision of the Agreement, the total liability, in the aggregate, of FlexyTime (and its officers, directors, agents, subsidiaries, joint ventures, and employees and any of them) to the Client and its Users and/or anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Service or the Agreement from any cause or causes shall not exceed the total compensation received by the FlexyTime under this Agreement in the 12 months preceding the cause of the action, or the total amount of USD 1000, whichever is lower. It is intended that this limitation applies to any and all liability or cause of action, however, alleged or arising, unless otherwise prohibited by law.
You will indemnify and hold FlexyTime (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim, complaint, demand, or damage, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You are financially liable for any of your activities that infringe or may infringe against the rights of any third party.
If you use any of our trademarks about our Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities or Services which are not ours; in a manner that may be confusing, misleading, or deceptive; or in a way that disparages us or our information, products or Services (including the Site).
All software, visual and textual content, along with FlexyTime-created texts, scripts, graphics, interactive features and trademarks, service marks, and logos are owned by or licensed to FlexyTime, and protected subject to copyright and other intellectual property rights under the US, EU, foreign laws and international conventions. You may not display or use the FlexyTime trademarks, or any intellectual property owned by FlexyTime in any manner without FlexyTime’s prior written consent.
If a dispute arises between you and FlexyTime, we strongly encourage you first to contact us directly to seek a resolution.
Any dispute or claim arising out of or in connection with the Agreement or its formation (including non-contractual disputes or claims) shall be governed by the laws of the Republic of Turkey. Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) shall be resolved by a court in the Republic of Turkey.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc., is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with User’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. FlexyTime reserves the right at its sole discretion to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Effective as of September 1, 2022.