Terms of Service

1Who this is between

This agreement is between [legal entity — to be confirmed] ("we", "us") and the organization whose account is created in TrabajoCRM ("you"). Creating an account, or using the product, accepts it.

Whoever creates the organization is its owner and is taken to have authority to agree to this on its behalf. Members invited into that organization use the product under this agreement rather than a separate one.

2What we provide

A time tracker and a CRM in one account: a desktop agent that records work while a timer runs, a console for the hours, screenshots, projects, clients, deals and invoices, and a seat your own clients can be given to see what was done for them.

We will provide it with reasonable skill and care and keep it available as far as we reasonably can. We do not promise it will be uninterrupted or free of faults, and we do not promise it fits a purpose you have not told us about.

3Accounts and seats

You are charged for the member seats in your organization. Seats given to your own clients to view their work are not charged. What a seat costs, and when it is billed, is what the pricing page and your order say — this agreement deliberately does not restate a number that would then have two sources.

You are responsible for what happens under your account, for keeping passwords to yourself, and for telling us promptly if you think somebody has got in who should not have.

4Your data

Everything you put into the product, and everything the agent records for you, remains yours. We store and process it to provide the service and for nothing else — we do not sell it, do not use it for advertising, and do not train anything on it.

The privacy policy says what is collected, what is never collected, who else touches it and how long it is kept, and forms part of this agreement. If you need a data processing agreement for your own compliance, ask and we will provide one.

5Monitoring people lawfully is your responsibility

This is the obligation this kind of software creates, and it sits with you rather than with us.

You agree that, before turning tracking on for anybody:

• you have told them it is happening, what is recorded and why, in terms they can actually understand;
• you have whatever legal basis, consent or notice your jurisdiction requires, and have done any consultation it requires;
• you will not use the product to record anybody who has not been told, and will not attempt to disguise that it is running;
• you will keep the tracking window to working hours and will not use the product to record somebody's own time.

We build in the direction of that obligation rather than around it: the agent is visible whenever it runs, every member can see their own recordings in the same detail their manager can, and there is no setting that hides either. Those are not optional and will not be made optional.

6What you may not do

• Use the product to break the law, or to record somebody you are not entitled to.
• Try to get at another organization's data, probe the service for weaknesses without asking us first, or work around the limits on an account.
• Resell or rent access, or use the product to build a competing one.
• Upload malicious code, or use the service in a way that damages it for anybody else.

Security research is welcome if you tell us first and give us a chance to fix what you find. Write to [contact address — to be confirmed].

7Ending it

You can stop at any time. Cancelling ends the charge from the next billing period; we do not refund a period already begun unless we have failed to provide the service.

We can suspend or end an account that breaches clause 5 or clause 6, or that has not paid. Except where a breach is serious enough that it has to be immediate, we will tell you first and give you a reasonable chance to put it right.

After an account ends you have 30 days to ask for your data, and then we delete it and everything under it. See the privacy policy.

8Liability

Nothing here limits liability that cannot lawfully be limited — including for death or personal injury caused by negligence, or for fraud.

Subject to that, neither side is liable to the other for lost profits, lost business or indirect loss, and our total liability in any twelve-month period is limited to what you paid us in that period.

You are responsible for claims that arise from your own breach of clause 5 — recording somebody you were not entitled to record is a decision we have no part in and no way to see.

9Changes

We may change these terms. If a change materially affects you we will tell account owners by email at least 30 days before it takes effect, and continuing to use the product after that accepts it. If you would rather not, you can end the account under clause 7 and we will refund the unused part of a period paid in advance.

10Law

This agreement is governed by the law of [governing law and venue — to be confirmed], and the courts there deal with any dispute about it.

If a clause turns out to be unenforceable the rest still stands. This agreement, the privacy policy and your order are the whole of what is agreed between us.