Terms of Service

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August 01, 2021

Terms of Service

Preamble

1.1. We hereby determine the terms of service of the services provided through the website with the domain name timeoff.gr as well as any other sub-domain name of timeoff.gr (hereinafter referred to as «Timeoff») operating by the company named «SOFTAWARE SINGLE-MEMBER PRIVATE CAPITAL COMPANY», under the distinctive title «SOFTAWARE», having its registered office in Agia Paraskevi, Attica at 7, Elpidos Street, with VAT No. 801135220 and GEMI No. 149904703000 (hereinafter referred to as the “Company”). The following Terms of Use, together with all the other policies set forth herein, constitute the binding legal agreement between Timeoff and the users (hereinafter referred to as the "User") of the Timeoff Website, as well as the company or organization to which they belong (hereinafter referred to as "the Agency").

1.2. Natural or legal persons, including individual Users who have access to and use the Services, agree to be bound by these Terms of Service. In the present terms, the word "Services" refers to the products and services of the website, as well as any other technologies or operations provided by the products and services we offer through the official Timeoff website.

1.3. Timeoff grants you a limited, non-exclusive, non-transferable and at any time revocable online license (in the form of granting access to Timeoff Services) using software (always depending on your account type and features) always in accordance with the present terms. If you do not agree to any of these terms, then you should not use the Timeoff Services.

1.4. The legal use of the services provided means the unconditional acceptance of the terms herein and your compliance when using these services with the current Greek legislation that governs transactions. The use of the Timeoff Website also implies the automatic acceptance of these Terms, as they apply each time. The acceptance of the terms herein shall in no way constitute the conclusion of any employment type or relationship, cooperation or partnership with the company mentioned above.

1.5. Timeoff grants, for a certain period of time and in return to the Users, via the Internet, access to its Services that facilitate the overall management of the Organization's personnel.

1.6. Timeoff is solely responsible for the determination of the acceptable use of the website and software operating on the Timeoff website. If you download, access or use the Service on behalf of a third party or company, you declare and warrant that you are authorized to accept the Terms of Service on behalf of that person or entity and that such person or entity or natural person or legal entity agrees to be liable for the use of the Timeoff Services in accordance with the Terms of Service and to indemnify the party or company or natural or legal person of private law for any breach of these Terms of Service.

2. Creation of a user account

2.1. Access in our services is performed through a combination of username and password (hereinafter referred to the "User Account"). The services operate entirely through the Internet environment and require a fixed internet connection (at the expense of the users) in order to operate. Due to the nature and operation mode of services (the internet environment) and having the safety of Users and Services as our main concern in order for the Services to operate properly, an operating system and navigation software (Web browser) of the latest technology with all the updates installed is required. Users are solely responsible for any charge for web traffic from the collaborating internet provider.

2.2. To access and use the Timeoff Services, you must first register your company or business (hereinafter referred to as the "Business Account"). During the registration process, you must provide accurate information by completing at least any information that seems to be mandatory by Timeoff, determining (a) the pricing details of the company or business and (b) the login details of the Administrator (hereinafter referred to as the "Administrator Account" »), whichever is the first User Account for the Company.

2.3. With the use of the Administrator Account, a User Account is created for each employee of the company or organization. Thus, the company’s employees who are not registered according to the terms of the present clause also have access to the website, but are registered in the system by the administrator. The company’s employees receive an e-mail with the User Account’s details by the company or the organization that created it earlier.

2.4. Each User Account with which Timeoff Services can be used must belong to a Business Account. All the accounts of employees and the manager of a company or organization must belong to the same Business Account.

2.5. When the ownership of an account, whether user or business account, is challenged, we reserve the right and have the power to temporarily suspend it, until its identification is verified. During the examination phase of the challenged account, we may request documentation through official documents (for example identity card, operating license of the company or certificate from the G.E.M.I Service or any other document certifying the authenticity of the data) that may help identify the account owner.

2.6. The e-mail address you provide for an account or the new e-mail address you enter in your account in case of change in your information must be valid, since: a) we may use it to identify the actual user of the User Account or Business Account submitted to us and b) it will be used by Timeoff as the primary method of contact. You need to keep track of the primary e-mail address you provided to Timeoff, which should be able to send and receive messages.

2.7. Timeoff Services are entirely addressed to adults who may perform legal acts. You must be over 18 years to access and use the Services.

2.8. Using your username and password, you may access your User Account. This information is personal for each user and should not be disclosed to any third party. You have the responsibility and obligation to keep the login credentials of your User Account, namely your username and password (username/password) confidential. You can change your password at any time. Each user is solely responsible for all operations carried out using the username and password of their choice and are obliged to immediately notify Timeoff of any unauthorized use. In any case, Timeoff is not liable to the user for any damage caused as a result of the unauthorized use of the User Account.

3. Commitments of the Organization and the Users

3.1. You agree that Timeoff reserves the right to set more pricing frameworks for the provision of its Services, to modify pricing frameworks and to impose different restrictions on the use of its Services depending on each pricing framework, including the possibility to impose any restrictions on network traffic and bandwidth, the size of the content being downloaded, the quality and/or the format of the content, the sources of the content and the volume of download time.

3.2. You agree that Timeoff reserves the right to promote some of the Companies that use the Services on its website. The choice of promotion of Companies will be made at its absolute discretion. The promotion of Companies will be performed by displaying their name or their distinctive title or distinctive feature. There will be no link leading to the website of each Company.

3.3. You agree that it is expressly prohibited to:1. Use the service in any unlawful manner, for any unlawful purpose or in any manner contrary to these Terms of Service.2. Infringe the intellectual property rights of Timeoff or the Company or third parties by using the service.3. Store or transmit any material or content that is inherently illegal or defamatory or offensive or unacceptable in connection with Timeoff's service policy.4. Use the Service in any way that could harm, disable, encumber, damage or endanger the Company's systems or their security or interfere with accounts and data belonging to other User Accounts, without authorization, or any Business Accounts other than your own account.5. Collect data or information from the service infrastructure or attempt to decrypt any data transmission from or to the servers running any part or subsystem of the service.6. Gain access to services or enter use login information through bot systems or other automated methods.7. Disclose or distribute information about another user to any natural or legal person or use information relating to a user for commercial or marketing purposes without the written consent of that user.8. Copy the service execution code that runs locally or within the servers of the services provided.

3.4. You are solely responsible for the manner and activity that results from the use of the service through your User Account. The Company is not responsible for any loss or damage that may result from any improper maintenance of secure login information (username, passwords and access rights of individual users).

3.5. In any case, the Company reserves the right to claim compensation for any form of liability, lawsuits, procedures, claims, expenses, charges and costs that may be incurred due to malicious or improper use of the Services through any of the User Accounts of the Company or as a result of your non-compliance with these terms of service.

4. Intellectual property

4.1. The company name, distinctive title, trademark, images, graphics, distinctive features, as well as all the content, information, electronic files, services and everything else contained in the Timeoff website exclusively belong to the Company and are its protected intellectual property. Trademarks, names, or other intellectual property rights of third parties displayed on the Timeoff Website are also protected in accordance with the applicable legislation.

4.2. The visitor/user is expressly prohibited from exploiting, copying, reproducing, disseminating, republishing, distributing or transmitting or in any way using the content and services of this website, other than the uses expressly stated on this website, without prior written notice of the Company.

4.3. The Timeoff Terms of Service do not transfer any rights or interests into the intellectual property of the Organization (or any part thereof), except for the limited license explicitly stated above. The Company does not assign or waive any intellectual property rights in connection with the use of the Timeoff website and the services provided.

5. Privacy Policy

Some sections of the Timeoff Services require or include the submission, collection and/or use of certain personally identifiable information. In particular, in order to allow access to or use the Timeoff Services, we may access, collect and use certain user-related data, including activities or navigation performed by the users. We encourage you to regularly read the Privacy Policy which describes in detail these practices of collecting and using personal data.

6. Pricing Terms

6.1. The use of Timeoff services is subject to the payment of a specific subscription fee ("Subscription Fees" or "Fees"), as set by Timeoff at its sole discretion in the "Invoicing" section.

6.2. Timeoff reserves the right to modify the subscription fees at any time, on condition it notifies you in advance if this change may affect your existing subscriptions. If you received a discount or any other promotional offer, Timeoff will have the right to automatically and without notice renew your subscription to Timeoff Services with the full applicable fee.

6.3. All the usage fees are calculated in Euros. Timeoff Service Fees do not include any taxes (including VAT) imposed by the tax authorities and you will be responsible for paying all the applicable taxes related to the use of Services These taxes are added to the payment of the subscription fees and will be mentioned in the Invoice issued in your name. We recommend that you verify the existence of any additional charges that may be charged by Third Parties in connection with Timeoff and are related to the purchase of Services on payment or in connection with their renewal (such as international transaction fees, exchange fees or bank charges). Timeoff assumes no responsibility for any additional charges or costs.

6.4. By registering and submitting your Payment Services details, you also authorize Timeoff (either directly or through third parties) to access anything it deems necessary to identify your Business Account and cross-check any financial information, including updated payment information of your payment provider, credit card, or bank account (for example updated expiration date or card number, as provided by your credit card provider), in order to ensure direct payment of the prescribed fees.

6.5. Timeoff will issue an invoice for the provision of services for any payment or refund made by it. Every invoice will be available to you via e-mail. For the purposes of issuing the invoice, you may be required to provide certain personal information (as defined in the Privacy Policy) in order to comply with the Greek law.

7. Trial period

7.1. If you sign up for a free trial to find out if Timeoff Services serve you, the free trial will start on the day your Business Account opens and will end one month later (calendar).

7.2. The Business Trial Accounts are subject to an approval process by the system administrator who acts at the Company’s discretion and has every right not to accept, reject or delete any request to create a Business Trial Account.

7.3. If you wish to continue using Timeoff Services, you must pay the subscription fee at the end of the trial period.

8. Renewal of subscription

8.1. If you wish to use the Timeoff Services, you must pay the full amount in advance, before the expiration of the active subscription of your Business Account, whether it is the trial period or the period for which you have already made a payment.

8.2. The Timeoff website sends the following notifications to the e-mail address specified in your Business Account details as follows:1. One (1) month before the expiration, if you have selected an annual subscription.2. Fifteen (15) days before the end of the subscription.3. Four (4) days before the end of the subscription.4. One (1) day before the end of the subscription.

8.3. In case we fail to collect the subscription fees you owe, your Business Account will become in "Suspension". You are solely responsible for the successful renewal of your Business Account subscription, regardless of whether it is subject to automatic renewal or not. Therefore, you accept that you are solely responsible for the suspension of your Business Account, for which you had previously paid the statutory fee, due to failure to collect the statutory subscription. You acknowledge and expressly agree that you will have no claims against the Company in connection with the suspension of your Business Account.

8.4. In case of activation of your Business Account, which is in "Suspension" or "Deactivation", the start date of the subscription will change to the activation date of your Business Account.

8.5. In order to ensure the uninterrupted provision of the services provided by Timeoff, the option of automatic renewal exists by default, certainly giving you the chance to disable the option of automatic renewal if you wish. If you do not turn the auto-renew option off, your Business Account subscription will be automatically renewed at the end of the current subscription period, for a renewal period equal to the original subscription period (excluding extended periods) and at the same rate, unless otherwise notified (automatic renewals are subject to the applicable tax changes, while any discount or other promotional offer provided for the first period may be excluded for the renewal period). For example, if the initial subscription period is one month, each of its renewal periods will be one month and Timeoff will automatically charge you at the applicable charges for each renewal period, before the start of each renewal period.

9. Termination of Services-Deletion of account

9.1. If you request cancellation of your Business Account subscription, this subscription will only be terminated after the end of the payment period for which you have already made a payment. Your Business Account will be in "Suspension" mode.

9.2. During the "Suspension" mode of a Business Account, the User Accounts belonging to it can be logged in, where after logging in to the Timeoff website a message related to the suspension of the Business Account shall appear. When a Business Account is in "Suspension" mode, the only option allowed is to activate it. In order to activate a Business Account, which is in "Suspension" mode, the Administrator Account must log in and activate the Business Account.

9.3. If an account is in "Suspension" mode for 6 months, then it automatically becomes in "Deactivation" mode. During the "Deactivation" mode, the connection to the platform is not allowed by any User Account belonging to the Business Account. The activation of an account that is in "Deactivation" mode, is only performed upon request via e-mail to the email address "accountdisabled@timeoff.gr". The sender of the above e-mail should be the e-mail address specified in the Business Account to be activated.

9.4. After one year during which a Business Account is in “Deactivation” mode, Timeoff automatically deletes it. The Company does not bear any responsibility for any loss of data and files caused by the automatic deletion as a result of the expiration of the "Deactivation" mode. Therefore, you accept that you are solely responsible for deleting your Business Account as a result of the end of the "Deactivation" mode. You acknowledge and expressly agree that you will have no claims against the Company in connection with the deletion of your Business Account, as a result of the end of the "Deactivation" mode.

9.5. You can request the deletion of your Business Account at any time. The Deletion of your Business Account is directly performed (right to be forgotten). If you request the deletion of your Business Account during the period for which you have already made a payment, the money you may have paid to Timeoff will not be refunded until the time of deletion. The Company is not responsible for any loss of data and files caused by the deletion as a result of your request. Therefore, you accept that you are solely responsible for the deletion of your Business Account as a result of your request. You acknowledge and expressly agree that you will have no claims against the Company in connection with the deletion of your Business Account, as a result of your request.

9.6. Any Violation or breach of any of the terms contained in the Timeoff Terms of Service may result in the direct deletion, deactivation or suspension of your Business Account, with or without further notice and without refund for any amount you may have paid to Timeoff until the time of deletion, deactivation or suspension of the Business Account. You may also be exposed to civil and/or criminal liability to the Company.

9.7. The deletion of a Business Account includes deletion of all User Accounts that belong to it. The deletion of a Business Account shall constitute deletion of all data, files and backups of the Business Account and User Accounts belonging to it. Timeoff reserves the right to retain the hash of the e-mail address of the Organization Account that is going to be deleted and the User Accounts belonging to it, for the sole purpose of identification in the event of an attempt to re-register.

10. Limitation of liability- disclaimer of warranties

10.1. Timeoff services are provided to users without any warranty regarding the completeness, accuracy, reliability, safety of Services (or any part or content or feature thereof), suitability or compatibility of these Services with devices, operating systems, browsers, software or other tools or regarding the maintenance of Services. Furthermore, Timeoff does not guarantee that the operation of its Services will be free of viruses, errors or other harmful components or program restrictions.

10.2. Timeoff makes every possible effort to maintain and make its website available. However, it cannot guarantee that its website, as well as any information and/or service contained therein, will be provided without interruption and/or errors. In addition, Timeoff reserves the right to modify and/or temporarily or permanently suspend all or part of its website with and/or without notice to its users, since its availability may also depend on non-liability factors. of. In all cases, Timeoff does not bear any responsibility in case a User cannot connect to its website. You acknowledge that we are not required to keep the Timeoff Website available for your use and we guarantee neither its availability nor that the website will operate continuously or without errors. We do our best to keep Timeoff Services in continuous operation. However, all the online services are subject to occasional breaks and interruptions. We do not undertake any responsibility for the unavailability of the Timeoff website or for any offer of services or any interruption or malfunction for any reason (including ISP or host service provider malfunctions, third-party intrusions or force majeure). Timeoff is not responsible for any disruption or loss of revenue or profits lost that you may suffer as a result of not accessing its website or Services.

10.3. Timeoff makes every possible effort to protect its website from malware. However, it does not guarantee that its website as well as the servers, through which the contents and services of the website are provided to visitors/users, do not contain viruses or other harmful components. Therefore, each user who has access to the website should make sure to protect his own means of access by his own means (for example the use of antivirus, IDS/IPS, etc.) before any use of the Timeoff website.

10.4. You agree that when using the Timeoff Services, there are risks from which the Company does not guarantee to protect you and you hereby assume all these risks, as well as the responsibility for any obligation you undertake or any damage suffered during the use of these Services.

10.5. Please note that some Timeoff Services are currently offered in the BETA version and are currently under BETA testing. Therefore, you acknowledge and agree that some Services may still contain software errors, be interrupted, and not work as intended or defined. Your use of the Services at this BETA stage indicates your agreement to participate in BETA trials of these Timeoff Services.

10.6. The Company is not liable for any direct, indirect, ancillary, special, associated, exemplary, positive or consequential losses, including, for example, damage for loss of profits, business activities, goodwill, use, data or other intangible assets (even if the company has been informed of the possibility of such damages) which may result from: (a) The use or inability of use of the Timeoff website (either in whole or in part) or any technical malfunctions. (b) Unauthorized access or change of data to Business or User Accounts. (c) Statements or acts of third parties regarding the Services. (d) Improper configuration of the Service. (e) Incidents of force majeure, including Internet failures, equipment failures, electricity failures, strikes, labor disputes, riots, uprisings, fires, floods, storms, earthquakes, explosions, explosions, war, terrorism, restrictive measures to deal with an epidemic and / or pandemic. f) Any other issue regarding the Services offered by Timeoff.

11. Fair use policy

You agree to use the Timeoff Services wisely and reasonably, meeting the conditions of a reasonable and genuine business operation. To avoid any misunderstanding, if we find out that your use results in impaired performance of the Services either for you or other users, we may impose restrictions on your use of the Services. If possible, we will try to warn you 24 hours before the imposition of usage limits on your Business or User Account. In case that a breach of the Services’ proper use policy occurs in such a way that could endanger other users' systems or accounts, Timeoff reserves the right to immediately suspend your Business Account without prior notice.

12. Changes & updates of the terms of service

12.1. The present Terms of Service are subject to change without notice, so users should visit this website regularly to be informed of any changes to the Terms of Service of the Timeoff Website.

12.2. In case the use of any Service of the Timeoff website is governed by more specific terms, these terms are taken into account together with these Terms of Service and in case of conflict between them. the more specific terms shall prevail.

12.3. Any invalidity of any of the terms of service herein shall not invalidate the other terms.

12.4. The non-exercise by the Company of its rights deriving from the present Terms of Service does not imply its waiver of these rights.

12.5. The Company is not responsible for violation of these terms due to reasons of force majeure.

12.6. In case the Company does not exercise in time any or all its rights arising from the execution of the present terms, this does not mean that it renounces it, nor that it is not going to claim it in the future, nor does it mean that you are no longer obliged to comply with these terms.

12.7. Services are provided exclusively for use by companies or organizations therefore you do not have the status of consumer according to the Law 2251/1994.

13. Applicable legislation and jurisdiction

In all cases, for any dispute arising between Timeoff and the users, the Courts of Athens shall be competent and the Greek Legislation shall be applicable.