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Legal

End user licence agreement

This agreement is between Acunomic GmbH, Leutschenbachstrasse 95, 8050 Zürich, Switzerland ("Acunomic") and the organisation or household that installs the timely.you apps ("you"). By installing or using the software you accept it.

1. Definitions

Software: the timely.you applications for Windows, Android and, when released, iOS and macOS, including updates. Named user: one natural person who uses the Software, on any number of that person's own devices. Organisation: the company, other legal entity or household on whose behalf the Software is used. Free tier: use by up to ten named users of one organisation on Windows and Android. Paid tier: every use beyond the free tier.

2. Licence

Acunomic grants you a non-exclusive, non-transferable licence to install and use the Software for your organisation's internal purposes. The free tier is granted at no charge. The paid tier is granted for the number of named users you have licensed and for the term you have paid for. A named user may use the Software on several of their own devices under one licence; a licence may be reassigned to another person when the previous person leaves the organisation.

3. Who may use the Software

The paid tier is offered to businesses and other organisations for their trade, business or profession. Private households may use the free tier for non-commercial purposes. Consumers in the meaning of consumer-protection law do not acquire paid licences under this agreement.

4. Restrictions

You may not sell, rent, sublicense or otherwise distribute the Software, remove notices, circumvent the licence terms, or reverse-engineer the Software except where mandatory law permits it. You may not use the tracking sources of the Software to monitor a person without that person's knowledge and, where required, consent.

5. Updates and versions

The Software checks for updates and, on Windows, installs them after confirmation; on Android it offers the download. The Software is in an alpha stage: functionality changes between releases and earlier releases are not supported. Release notes are published on the website.

6. Your data

The Software stores all data locally on your devices. Acunomic has no access to it and collects no usage data. You are responsible for backups beyond the snapshots the Software keeps before updates, for the lawful use of the tracking sources, and for the accounts you connect. Connections to third-party services are subject to those services' terms.

7. Fees, VAT and invoicing

The paid tier costs EUR 1.42 per named user per month, excluding VAT, invoiced yearly in advance on the basis of your licence request. Swiss VAT of 8.1 % is added for customers in Switzerland; for business customers abroad no Swiss VAT is charged and the reverse-charge rules of the customer's country apply. Swiss customers see the franc amount at the invoice date on the invoice. Installation of the Odoo or NetSuite integration is charged once, as quoted. Payment is due within thirty days of the invoice.

8. Term and termination

The free tier runs until you uninstall the Software. Paid licences run for the paid year and renew for a further year unless cancelled; you may cancel to the end of any month, and the unused months are credited. Acunomic may terminate the licence if you breach this agreement and do not remedy the breach within thirty days of notice.

9. Warranty

The Software is provided in its current state of development. To the extent permitted by Swiss law, Acunomic gives no warranty as to fitness for a particular purpose, uninterrupted operation or the absence of errors, and does not warrant results derived from recorded time, in particular the correctness of billable amounts, which depend on the rules you configure.

10. Liability

Acunomic is liable without limitation for damage caused by intent or gross negligence. Any further liability, including for lost data, lost profit and indirect damage, is excluded to the extent permitted by Swiss law and, for the paid tier, limited to the fees paid for the twelve months preceding the event.

11. Third-party components

The Software contains open-source components under their own licences, listed in the Software. Their terms apply to those components.

12. Changes

Acunomic may change this agreement for future versions of the Software. The version published on the website at the time of installation or renewal applies.

13. Governing law and jurisdiction

Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. The courts of Zürich, Switzerland, have jurisdiction.