General terms and conditions of Tour and timr
Version May 24th 2018
The troii Software GmbH (hereafter referred to as “troii“) provides its users the usage of a software application for time tracking and the command of a drive log (“timr“ and “Tour”) against payment. troii provides the usage for the needed software overt the internet.
2. General / Scope
2.2. troii reserves the right to adjust or change the general terms and conditions, the service and the functionality of the service at any time, without notice of any reasons. Updated conditions will be sent to the user by email two weeks before coming into force. If there is no contraction by the user within two weeks after receiving the email the amended terms of service will be regarded as accepted. Advices to it also will be published on the website https://www.timr.com/en/p/terms-of-service.
2.3. Consumers are consumers within the meaning of the Consumer Protection Act and therefore natural or legal persons who are not employers.
2.4. Employers are natural or legal persons or legal partnerships. Companies are any long-term, self-organization of economic activity also if they do not make profit.
Users are consumers and employers.
3. Conclusion of contract / Free trial
3.1. The offers from troii and the specifications of their price lists on https://www.timr.com are not binding. troii explicitly reserves the right to modify these details at any time.
3.2. A contract is concluded after successful completion of registration of the user. Acceptance will be made by activation of the user account.
3.3. The charges of usage depend on chosen version and duration of usage.
3.4. The user can try the chosen version once for free for 30 (thirty) days.
3.5. The user has the opportunity to decide for a paid usage of the chosen version after or while the trial. After the trial the user has to buy one or more using months or he decides for the free version as described in paragraph 4. Is the user not able to use the free version caused by its restrictions, the account will be set on read-only until he buys using months. After a period of 14 days, the account will be deactivated. Afterwards no login is possible anymore. Any data of the trial account may be deleted by troii at any time, even without further information, after a retention period of 48 days after the end of the test phase.
4. Free version
Further, troii offers a free version which can be used for free at any time. The use of the free version can be modified or revoked by troii at any time and without notice.
5. Terms of payment
5.1. The payment of the offered software timr from troii occurs by credit card. The fee for the whole duration of usage is due immediately after conclusion and will be debited from the user credit card.
5.2. If the already paid services are used only partial or cannot be used caused by the user (lack of telecommuni-cation connections, problems with hardware and software) there is no redemption claim for the unused months.
5.3. The user has to ensure that the credit card account from which the usage fee is debited has the required coverage. If payment or debit is not possible caused by the user (missing cover etc.), troii is allowed to credit the resulting additional costs from the user.
5.4. Unless otherwise specified, apply to the on the website https://www.timr.com for the current version noticed prices excluding any taxes and duties. troii reserves the right to change prices at any time.
The user will be informed 30 days before coming into effect by email or on https://www.timr.com. These changes will not be relevant for already paid months.
5.5. Users are provided with invoices in PDF format. The invoices contain qualified electronic signatures.
6. Data protection
In the processing of personal data of the customer, troii respects the provisions of the GDPR and the DSG 2018. We are happy to conclude a data processing addendum with you, which you can download here and send signed back to us.
7. Rights of use / Availability
7.1. The user has to give his correct and complete name, a valid email address and all further necessary information when he signs up for an account. Every user is allowed to use only 1 (one) free user account as described at paragraph 4. One username and password (“login”) may only be used by one person.
7.2. The user is obliged to save his access data against third parties.
7.3. troii or its suppliers own the intellectual property of all protectable components of the offered service timr including name, graphic design, user interface components, functionality and documentation. It is explicit forbidden to copy, modify, reproduce, decompress or to disassemble parts of the service which troii or its suppliers own or offer. troii has no legal claim to the content, the user creates, stores or uploads in this service.
7.4. In case of new versions, updates, upgrades or other changes of the timr service during the duration of this contract, the foregoing rights shall apply to all of these changes.
7.5. Tracked time- and drive log entries are available for export in CSV format. The customer makes sure that he downloads and secures this data independently before the end of the contractual relationship. After a period of 48 days after expiry of the account troii can delete the account and all data without further request.
7.6. troii ensures an availability of the service in height of 95% in annual mean. Excluded from this warranty are deficiencies which are not caused by troii.
In case of improper use or violation of the general terms and conditions, troii may terminate the contract agreement with immediate effect. In this case troii may delete the account and all stored data. Already paid and not used months will not be repaid.
9. Limitation of liability
9.1. troii shall only have unlimited liability for all damages caused by troii in case of wilful intent or gross negligence. troii is no liability in the case of slight negligence, compensation of consequential or deficiency damage and damages from claims of third parties against the user.
9.2. troii is only liable for own content on its website. troii does not have responsibility for content on other websites.
10. Final provisions
10.1. Should terms or conditions of these general terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions. The whole or partially invalid terms and conditions will be replaced by another legal term or condition.
10.2. The law of the Federal Republic Austria applies and the validity of the UN SIGS is excluded.
10.3. Writing is agreed for concrete contractual relationship. Changes or supplements of the contract need of its effectiveness a written form.
10.4. Place of jurisdiction shall be the residence of troii. (A-5280 Braunau am Inn)