Welcome to Clockify, a time tracker for teams.
Clockify (as defined in Section 1) is owned and operated by COING Inc., 404 Bryant St, San Francisco, CA 94107, USA. By accessing, downloading, saving, installing, using or attempting to use or access:
- - The website located at https://clockify.me/
- - The website located at https://clockify.me/apps and the related mobile iOS app and Clockify for Mac available on the App Store
- - Self-Hosted version of the software
- - Application programming interface, Public Clockify API located at clockify.me
All of the terms are important and together create this Agreement that applies to you. If you find anything in this text that you do not agree with, please stop using Clockify immediately and/or delete your account. Instructions how to delete your account can- be found here https://clockify.me/help/users/user-settings.
When we say "COING", "we" or "us," we are referring to COING Inc., 404 Bryant St, San Francisco, CA 94107, USA.
When we say "Software" or "Clockify", we refer to the time tracking software, its updates, upgrades, enhancements, modifications, new features and possible replacements provided by COING now existing or later developed and other programs and tools, developed in conjunction therewith, including:
- - Online based software, whereby COING is making available the software, the User Account, the Content and the related mobile iOS app and Clockify for Mac (Online Clockify),
- - Software installed on a licensed User's device and hosted by that User (Self-Hosted Clockify).
- - Set of APIs that enable the User community, including application developers and website operators, to retrieve data from Clockify or provide data to us (Platform).
When we say "User's device" we mean any hardware system, whether physical or virtual, with an internal storage device capable of running the Software.
When we say "Service" we mean making Clockify available by COING in any version (both Online Clockify and Self-Hosted Clockify), in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools.
When we say "Party" or "Parties" we refer to COING and/or User.
When we say "User" or "You" we refer to any person or entity that has a valid User Account, including both Cloud version and Self-Hosted version and/or lawfully installs a full or partial copy of the Software on a licensed User's device. If the Service is being used on behalf of an entity, by an individual authorized to agree to such terms on behalf of such entity, then "User" refers to such entity.
When we say "User Content" we mean any content provided by User in Workspace or anywhere else on Clockify, including any entered, recorded, stored, used, controlled, modified, disclosed, transmitted or erased information and data.
When we say "Workspace" we mean the user environment provided via the Service, including private workspace (only visible to the User that created it) or shared workspace (visible to the User that created it and to the Users with whom it has been shared).
When we say "Admin User" we are referring to User who has created and shared Workspace with one or more Users.
When we say "Team Member" we are referring to User who has been invited, permitted or caused to have access to shared Workspace by Admin User, whether through the User Account or otherwise. User can be Admin User and Team Member at the same time in relation to different Workspaces.
When we say "Content" we mean all Clockify's features and technical resources available to Users, including but not limited to information, data, text, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through both Online Clockify or Self-Hosted Clockify (including customized Self-Hosted Clockify).
When we say "User Account" we mean an account provided by Clockify, whose purpose is to allow User to access and use Content or certain parts of it and create User Content.
When we say "Website" we mean the websites located at https://clockify.me/, website located at https://clockify.me/apps, as well as the related mobile iOS app and Clockify for Mac available on the App Store, collectively or each of them individually.
When we say "Client" we mean User who installs a full or partial copy of Self-Hosted Clockify on an internal storage device.
When we say "End User" we mean User who uses Clockify based on the license lawfully obtained by Client.
User shall be bound by this Agreement in any of the following situations, whichever occurs first:
- 1. Upon creating a User account
- 2. If User agrees to or is deemed to have agreed to the Agreement. Any use, access or attempt to use or attempt to access shall be considered deemed to agree.
- 3. If User installs or attempts to install Self-Hosted version of Clockify.
- 4. If Client makes payment for the license for Self-Hosted Clockify.
3. Agreement Amendments
4. Electronic Communications
Visiting or sending emails to Clockify constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
5. Charges and Payment
Online Clockify is available on the Website for free. However, certain features or additions may be charged as specified therein.
Self-Hosted Clockify is charged in accordance with this Agreement and the Price list.
All sums payable to COING hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance or other charges related to the payment.
All payments are handled by third-party payment gateway. COING is not responsible for the processing of Client's payment and shall not be liable for any matter in connection therewith.
6. Self-Hosted Clockify
Nevertheless, section 6 contains service-specific terms that are in addition to the general terms of Agreement. These service-specific terms govern if there are any conflicts with the general terms.
If Client wishes to install Clockify on its internal device, User must obtain a license from COING. Clockify can only be licensed for a limited period of time and cannot be sold. Client is authorized to use Self-Hosted Clockify only if they are properly licensed and the software has been properly activated with a genuine product key or by other authorized method provided by COING and for the duration of the license.
COING charges the license for Self-Hosted Clockify monthly in accordance with the Price List. For more information on Self-Hosted Clockify and the Price List please contact: firstname.lastname@example.org.
6.2. Payment for Self-Hosted Clockify
The payment of license to use Self-Hosted Clockify has to be made in advance at the beginning of each billing period, and must be made by credit card, or such other means as accepted by COING. Client shall ensure that sufficient funds are available on the Client's account and acknowledges that late payments may result in the suspension of Service or termination of the Agreement.
Client acknowledges that the payment for Service is non-refundable for a certain billing period if Agreement is terminated any time after such billing period has started.
Client must keep all Billing Data complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and must promptly notify COING if payment method is changed (for example, for loss or theft) or if Client becomes aware of a potential breach of security, such as the unauthorized disclosure or use of name or password. If Client fails to provide any of the foregoing information, User agrees that COING may continue charging for any use of the license unless Client has terminated Agreement as set forth herein.
Client will sometimes need software updates to keep using Self-Hosted Clockify. COING may automatically check Client's version of the Software and deploy software updates or configuration changes. Client may also be required to update the Software to continue using the Service. Such updates are subject to this Agreement unless other terms accompany the updates, in which case, those other terms apply.
6.4. Client's Responsibility
Client must comply and shall cause each End User to comply with all laws, rules and regulations applicable to their use of the Service and their User Content.
COING may customize Self-Hosted Clockify in accordance with separately negotiated Agreement between the Parties.
For more information on customization of Self-Hosted Clockify please contact: email@example.com.
7. Intellectual Property
Unless otherwise indicated in the Agreement, Clockify and its entire Content (including but not limited to the original source code, website copy, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by intellectual property rights of COING.
Users have only the right to access and to use the Software.
Any unauthorized use of Content and/or any part of it without the permission of the owner of intellectual property rights shall be deemed an infringement of intellectual property rights. COING will take all legal remedies to protect its intellectual property rights immediately upon the knowledge of unauthorized use.
Any copying of Content or downloading Content in part or in whole is permitted only by written consent from COING.
If you download or install Self-Hosted Clockify, you agree to cease the use of the Software immediately after the license expires, and you admit and acknowledge that any use after the license has expired shall constitute a breach of COING's intellectual property rights.
COING also reserves all intellectual property rights not expressly granted in this Agreement.
Each User has only a limited, non-exclusive, non-transferable and revocable permission to use Content of Clockify in accordance with the Agreement. For example, this license does not give you any right to, and you may not:
- (i) publish, copy, rent, lease, lend, sell or transfer in any way the Software or any part of it;
- (ii) work around any technical restrictions or limitations in the software;
- (iii) reverse engineer, decompile, or disassemble the software, or attempt to do so;
- (iv) when using Internet-based features, you may not use those features in any way that could interfere with anyone else's use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.
- (v) use or virtualize features of the software separately.
8. Rules for User Content
We do not claim ownership of any User Content. Each User is fully responsible for their content.
COING does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
Clockify allows you to store or share User Content or obtain access to Content from other Users.
Nevertheless, if User submits, uploads or creates content as a Team Member on a shared Workspace, User acknowledges and accepts that Admin Users of that Workspace have exclusive, non-transferable and irrevocable license to access, modify and/or remove such content, including but not limited to adding or removing User from the team or enabling or disabling their or third-party integrations.
User represents and warrants that for the duration of this Agreement, User has (and will have) all the rights necessary for your User Content that is uploaded, stored, or shared on or through Clockify and that the collection, use, and retention of your User Content will not violate any law or rights of others.
9. Code of Conduct
To use Clockify, Registered User must:
- (1) be 18 years of age. Children under the age of 18 are not permitted to use the Software unless a supervising parent or guardian is present. Individuals under the age of 18 are not permitted to give their email address or any other personally identifiable information.
- (2) be a human. Accounts registered by any automated methods are prohibited and will be deleted immediately. However, the account of a User may belong to a legal entity.
- (3) provide complete information for registration purposes.
- (4) provide accurate and up-to-date information. Using false identity is strongly prohibited.
- (5) prevent any other person from using the account. Use of the account by more people is prohibited.
- (6) maintain the security of the account and password. COING cannot be held liable for any loss, damages or expenses incurred due to User's failure to comply with this obligation. User will be liable for all losses, damages, liability and expenses incurred by COING or a third-party as a consequence of authorized use of the account. If you become aware of any unauthorized use of your account on Clockify, you need to immediately notify us by sending an email to firstname.lastname@example.org.
- (7) not spread any worms, viruses or any code of destructive nature.
- (8) not engage in activity that violates the privacy of others.
- (9) not publicly display or use Clockify to share inappropriate content or material.
COING reserves the right to refuse or cancel Service, terminate accounts, or remove or edit Content in its sole discretion. Therefore, when investigating alleged violations of this Agreement, COING reserves the right to review your User Content in order to resolve the issue.
Nevertheless, COING has no obligation to monitor User Content (and will make no attempt to do so) and has no obligation to remove any content.
COING cannot be held responsible for any loss, damage, expense or other harmful consequences resulting from User Content.
COING may use User's company name, logo and/or trademarks to identify User as a user of Clockify.
10. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Your use of Clockify is at your sole risk. The service is provided on an "as is" and "as available" basis.
Any warranty of COING not expressly stated herein shall be deemed withheld. Supplier disclaims, to the fullest extent permitted under the applicable law, all statutory warranties and course of performance, course of dealing and usage related to licensees' and users' expectations.
User is solely responsible for any damage User may suffer resulting from the use of the Service. No oral or written information or advice given by COING or its authorized representatives shall create a warranty or in any way increase the scope of COING's obligations.
Specifically, COING does not warrant that:
- (a) the Service will meet User's specific requirements, unless COING and User agree on customization of Clockify by COING in a separate Agreement in accordance with section 6.5 of this Agreement,
- (b) the Service will be uninterrupted, timely, secure, or error-free,
- (c) the results that may be obtained from the use of the service will be accurate or reliable,
- (d) any errors in the Service will be corrected.
COING and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose.
Without limiting the foregoing, Clockify is not designed or licensed for use in hazardous environments requiring fail-safe controls (for example aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of the Software could lead to death, personal injury or physical and environmental damage ('High Risk Activities'). Accordingly, this Agreement excludes any High Risk Activities and User agrees not to use the Software in connection with High Risk Activities.
In connection to Online Clockify, COING reserves the right (but has no obligation) to do any of the following, at any time, without notice to you:
- (1) to modify, suspend or terminate operation of or access to Clockify, or any part of the Service or any feature for any reason,
- (2) to modify, change, upgrade Clockify or any part of it,
- (3) to interrupt the operation of Clockify or any part of it, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
12. Limitation of Liability
Under any circumstances, COING may not be liable for any loss, damage, expense or other harmful consequences resulting from anyone's use or inability to use Clockify.
To the maximum extent permitted by applicable law, in no event shall COING and/or its suppliers, employees and representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:
- - with the use or performance of Clockify,
- - with the delay or inability to use Clockify and the Service, including the provision of or failure to provide services,
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of COING and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Software or the Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that User during the six months prior to notice to COING of the dispute for which the remedy is sought.
Neither Party shall be liable for breaching its obligations due to a circumstance they reasonably could not have foreseen and which is beyond their control, such as, e.g., a force of nature, an act of a legislative or an executive authority, war, civil unrest, act of terror, strike, Internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party's performance. For the avoidance of doubt, the provisions of this section:
- (a) are not intended to derogate from, or limit the application of, any statutory limitation or exclusion of liability;
- (b) shall not be construed to limit the amount of, or excuse User from paying, any fee or other consideration owed hereunder.
You agree to indemnify and hold COING harmless from any and all demands, losses, liability, claims or expenses (including attorneys' fees) made against COING by any third-party due to or arising out of or in connection with your use of Clockify and the Services, including but not limited to:
a. your use of the Service and/or Software in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
b. any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from hosting of Your Content on the Software, and/or your making available thereof to other users of the Software, and/or the actual use of Your Content by other users of the Software or related services in accordance with the Agreement;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of COING.
In relation to Self-Hosted Clockify, Client shall defend, indemnify and hold harmless COING, its officers, directors, employees, contractors, agents and representatives from and against all claims made by, and all damages, liabilities, penalties, fines, costs and expenses payable to, any third party, which arise from Client's or its End User's:
- (a) breach of this Agreement;
- (b) use of the Service;
- (c) processing of User Data;
- (d) contributions to the Service; or
- (e) infringement of any Intellectual Property or any proprietary or personal right.
COING may, at its sole discretion, at any time and for any reason, terminate the Online-Clockify Service, terminate this Agreement, or suspend or terminate any User Account at Online-Clockify. COING will send notice to User at the email address User provides when creating User Account, or such other email address User may later provide to COING.
User of Online Clockify may terminate this Agreement by closing the User Account.
COING may, at its sole discretion for any reason, terminate the Service and/or terminate the Agreement with Client in relation to Self-Hosted Clockify, after the expiry of 60 days from the day the notice of such termination is sent to the Client.
Without prejudice to the previous paragraph of this section, the license for Self-Hosted Clockify and the Agreement thereof will immediately terminate if Client has failed to make payment within seven (7) days from the beginning of the billing period and does not make such payment within five (5) working days after COING gives notice of such nonpayment to Client.
Upon termination of the license to use Self-Hosted Clockify for whatever reason, Client is obliged to delete Clockify and the Content from all the devices, prevent all End Users who have been using Self-Hosted Clockify via license obtained by the Client and, upon COING's request, present COING with the proof of cessation of all activities authorized by the Agreement. However, Client may export and save the data within User Content.
Each User understands and agrees that upon any termination of this Agreement:
- (a) all rights that User has been granted hereunder will terminate;
- (b) User must cease all activities authorised by the Agreement;
- (c) all amounts (if any) owed to COING hereunder become due;
- (d) all User Data and other information associated with the User Account may be deleted, or may become inaccessible to User;
- (e) all its Software-related obligations hereunder shall survive until Client has fully removed all Software from its devices, systems and storage media.
15. Closing the User Account
In relation to Online Clockify, each User may close the User Account at any time in accordance with this Agreement, either via means provided for cancellation available at https://clockify.me/help/users/user-settings, or via telephone call or electronic mail to email@example.com.
In relation to Self-Hosted Clockify, COING has no means or powers to provide the End User with possibility to close the User Account. If you are an End User, please contact the Client regarding this matter.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any provision of this Agreement violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended so as to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.
17. 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.
18. Links to Third-Party Websites
Should COING enable access to data from another service provider through linking, COING does not carry responsibility for such information.
Placing links to third-party websites on COING's website does not in any way imply that COING recommends or approves services or products offered through such websites.
19. Jurisdiction and Choice of Law; Dispute Resolution
This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the Laws of the State of California, without regard to its conflict of laws rules.
Mindful of the high cost of arbitration, you and COING agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and COING ("Dispute"), the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
- (1) if to COING at: COING Inc., 404 Bryant St, San Francisco, CA 94107, USA.
- (2) if to you at: your last-used address in your account information or the address of the registered seat of the company (if the User is legal entity).
Both you and COING agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other Party.
Failing to resolve dispute as described in previous paragraphs of this Section, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
This arbitration provision shall survive termination of the Agreement.
20. No Class Action
Except where prohibited by law, as a condition of using the Software and/or Service, you agree that any and all disputes, claims and causes of action arising out of or connected with the Software and/or Service, shall be resolved individually, without resort to any form of class action.
21. Entire Agreement
This Agreement (as amended from time to time) constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior Agreements and understandings between the Parties with respect to that subject matter.
In case of conflict between any provision herein and any statement, representation or other information published on the Website or contained in any other materials or communications the provision in the Agreement shall prevail.
Last updated: 23 May 2018