Terms of Service

1. About these terms

These Terms of Service (the "Terms") are a legal agreement between you and GLN Tech ("GLN Tech", "we", "us" or "our"), the maker of Work Hour Book. They apply to the Work Hour Book apps for Android, iPhone and iPad, the web app at app.workhourbook.com, our websites, the optional account and cloud-sync service, notifications, home-screen widgets, and any updates to any of these (together, the "Service").

You accept these Terms when you download, install, open or use the Service, or when you create an account or buy a subscription and are shown a link to them. If you do not agree, do not use the Service. If you use the Service for an organisation, you confirm you have authority to accept these Terms for it, and "you" includes that organisation.

Our Privacy Policy explains how we collect and use personal information. It is part of these Terms.

2. Who can use the Service

You must be at least 13 years old to use the Service (or 16 if you live in the European Economic Area, the United Kingdom or Switzerland, or any higher age required where you live to consent to data processing). If you are under 18, or under the age of majority where you live, you may only use the Service with the permission of a parent or guardian who agrees to these Terms for you.

The Service is not directed at children under 13, and we do not knowingly collect their personal information. You may not use the Service if you are barred from doing so under applicable law, including the export and sanctions laws described in section 22.

3. Your licence to use the apps

Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download, install and use the apps on devices you own or control, and to use the web app, for your own record-keeping. If you got the app from the Apple App Store, this licence is also limited to Apple-branded products you own or control and is subject to the Usage Rules in Apple's Media Services Terms, including use by other accounts in your Family Sharing group where Apple allows it.

The Service is licensed, not sold. We and our licensors keep all rights not expressly granted to you.

4. Rules for using the Service

You agree not to, and not to help anyone else to:

• copy, modify, translate, sell, rent, lease, lend, sublicense or distribute the Service, or make it available to others as a service;
• decompile, disassemble or reverse engineer the Service or try to discover its source code, except to the extent the law expressly allows this despite this restriction;
• remove or bypass any licence check, purchase verification, Premium restriction, advertising, security or access control;
• access or try to access data, accounts or systems that are not yours, or probe, scan or test the vulnerability of the Service without our written permission;
• interfere with or overload the Service, including by using bots, scrapers or automated means to access it, other than the normal operation of the apps;
• upload malicious code, or content that is unlawful, infringing or harmful;
• use the Service to break any law, including employment, tax, privacy or consumer laws, or to create false or misleading time or pay records;
• click on, or cause others to click on, advertisements fraudulently or otherwise manipulate the ads shown in the Service; or
• use the Service to build a competing product.

5. Accounts and sign-in

You can use the core of the apps without an account. Some features, such as syncing between devices, the web app and linking Premium to your account, need one. You can sign in with email and password, with a one-time code, or with Google or Apple; those providers' own terms apply to their sign-in.

• Give accurate information and keep it up to date.
• Keep your password and devices secure. You are responsible for everything done through your account. Tell us promptly at the email address in section 28 if you think your account has been used without permission.
• One account per person. Do not share an account or use someone else's.
• You can delete your account at any time in the app or web app (Settings › Account), or as described on our account deletion page. Deleting it removes your data from our servers as described in the Privacy Policy. It does not remove data stored on your own devices, and it does not cancel a subscription bought through Apple or Google (see section 8).

6. Your data

Your data is yours. The hours, jobs, rates, notes, expenses and other information you enter ("Your Data") belong to you. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, back up, sync, process and display Your Data only as needed to provide, secure and support the Service for you, and to comply with law. This licence ends when Your Data is deleted from our systems, except for copies we must keep by law or that remain for a limited time in routine backups.

We may create and use aggregated or de-identified information that does not identify you (for example, how many people use a feature) to run and improve the Service.

You are responsible for Your Data: its accuracy, and your right to enter it. If you record information about other people (for example, a colleague's name in a note), you are responsible for having any consent the law requires.

7. Sync, storage and backups

Your Data is stored on your device and, if you use an account, synced through our cloud service and our service providers. Syncing needs an internet connection and may be delayed, interrupted or unavailable, and changes made on different devices may occasionally conflict.

We take reasonable steps to protect Your Data, but no system is perfectly secure and we cannot promise it will never be lost, damaged or accessed without permission. You are responsible for keeping your own copies of anything important, for example by exporting your timesheets. If you remove the app or clear its data without an account, data on that device may be lost permanently.

8. Free version, advertising and Premium

Free version and ads

The free version is supported by advertising provided by third parties such as Google AdMob. Ads are always non-personalised: the app never requests a personalised ad, on any platform or in any region, as explained in the Privacy Policy. Where the law requires it you are still shown a consent message, because even a non-personalised ad may store and read information on your device. We are not responsible for the content of ads or the products and websites they link to.

Premium subscriptions

Premium is an optional paid subscription that unlocks additional features. What Premium includes, its price and its billing period are shown in the app before you buy, and features may change over time.

• Who sells it. Subscriptions are sold and billed by Apple (App Store) or Google (Google Play) using the payment method on your store account, under their terms. We do not receive or store your card details.
• Automatic renewal. Your subscription renews automatically at the end of each period, at the then-current price, until you cancel. You are charged at confirmation of purchase and on each renewal, unless you cancel at least 24 hours before the end of the current period (or any other deadline the store sets).
• How to cancel. Cancel at any time in your store account: on iPhone and iPad in Settings › your name › Subscriptions; on Android in the Google Play Store › Payments & subscriptions › Subscriptions. Deleting the app or your account does not cancel a subscription. After cancelling, Premium stays available until the end of the period you have paid for.
• Free trials and offers. If a free trial or introductory price is offered, its terms are shown before you accept. Unless you cancel before it ends, it converts into a paid subscription. Any unused part of a free trial ends when you buy a subscription.
• Price changes. If the price changes, you will be told in advance as the store and the law require, and, where required, asked to agree. If you do not agree, you can cancel before the new price applies.
• Refunds. Payments are handled by Apple or Google, and refund requests are decided by them under their policies. Except where the law requires otherwise, we do not give refunds or credits for partly used periods. Your statutory rights are not affected.
• Restoring and accounts. Premium bought in the app is linked to your Work Hour Book account and your store account. You can restore it with "Restore purchases" on another device signed in to the same store account. A purchase may be active on only one Work Hour Book account at a time.
• Web app. The web app does not sell subscriptions. It shows Premium for accounts that bought it in the mobile app.
• Taxes. Prices may include or add taxes as the store applies them.

9. Calculations are your responsibility

• The Service does not provide payroll, accounting, tax, financial or legal advice, and it is not a payroll system, an official timekeeping system or an official record of employment.
• It is not designed to meet any law's record-keeping requirements (for example, wage-and-hour or working-time rules), and we do not promise that its figures match what you are owed or what you will be paid.
• You are solely responsible for checking every figure before relying on it or sharing it, including before sending a timesheet or export to an employer or client.
• Any disagreement about your hours or pay is between you and your employer or client. We are not a party to your work arrangements and are not responsible for your pay, taxes or benefits.
• Seek advice from a qualified professional about anything that matters to you.

10. Notifications, reminders and widgets

Reminders (such as "still clocked in?"), the clocked-in status, messages about changes on your other devices, and home-screen widgets are conveniences. They depend on your device, its operating system and settings, battery-saving features, notification permissions and your internet connection, and they may be delayed, repeated or not appear at all. Do not rely on them alone to record, start or stop your time.

By allowing notifications you agree we may send you notifications about your shifts and the Service. You can turn them off at any time in your device settings.

11. Third-party services

The Service relies on and links to services run by others, including Apple, Google, our cloud hosting and sync providers, our subscription-management provider, our push-notification provider and advertising networks. Your use of those services may be subject to their own terms and privacy policies, which you agree to follow. We are not responsible for third-party services, their availability, or their content, and a third party's failure may affect the Service.

12. Feedback

If you send us ideas, suggestions or feedback, you agree we may use them for any purpose without paying you or crediting you. Please do not send us anything you consider confidential.

13. Test and preview features

We may offer features or versions labelled beta, preview, test or similar. They may be incomplete, change or be withdrawn at any time, and are provided without any commitment of any kind.

14. Our intellectual property

The Service, including its software, design, text, graphics and the names and logos "Work Hour Book" and "GLN Tech", belong to us or our licensors and are protected by law. You may not use our names or logos without our written permission.

15. Changes to the Service

We may add, change, suspend or remove any part of the Service, including features of the free version or Premium, at any time. We may require you to install updates to keep using the Service. If we decide to permanently shut down the cloud service, we will try to give at least 30 days' notice in the app or by email so you can export Your Data. If we permanently discontinue Premium features you have paid for during a current subscription period, the store's refund process or applicable law will apply.

16. Suspension and termination

You may stop using the Service at any time by uninstalling the apps and, if you have one, deleting your account.

We may suspend or end your access to all or part of the Service, or delete an account, if you materially or repeatedly break these Terms, if we must do so by law, if your use creates risk or possible legal exposure for us or others, or if an account has been inactive for a long period (in which case we will try to warn you first). Where reasonable, we will tell you why.

When these Terms end, your licence ends and you must stop using the Service. Sections that by their nature should continue will survive, including sections 6, 9, 10, 17 to 21, 26 and 27.

17. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WE (AND OUR SUPPLIERS AND LICENSORS) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT CALCULATIONS WILL BE CORRECT FOR YOUR SITUATION, THAT DATA WILL NOT BE LOST, OR THAT DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow certain warranties to be excluded, so some of the above may not apply to you. In that case, those warranties are limited to the shortest period and minimum extent the law allows.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GLN TECH, ITS OWNERS, EMPLOYEES, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, WAGES, EARNINGS, DATA, GOODWILL OR BUSINESS OPPORTUNITY, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR PREMIUM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US $50.

These limits apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence where the law does not permit a limit. Some jurisdictions do not allow these exclusions or limits, so they may not apply to you in full.

19. Your responsibility for claims

To the extent permitted by law, you agree to defend, indemnify and hold harmless GLN Tech and its owners, employees and contractors from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) brought by a third party and arising from your breach of these Terms, your misuse of the Service, Your Data, or your violation of any law or the rights of others. We may take control of the defence of any such claim, and you agree to cooperate. This section does not apply to consumers where local law does not permit it.

20. Disputes: informal resolution, arbitration and class-action waiver

a. Talk to us first

Most concerns can be fixed quickly. Before starting any formal proceeding, you and we agree to try to resolve the dispute informally for at least 60 days. The party raising the dispute must send a written notice that includes their name, the email address of their account (if any), a description of the dispute and the relief sought: you to the email address in section 28, and we to the email address on your account. If needed, either party may ask for a phone or video call, and both will take part in good faith. The time limit for bringing a claim is paused during this period.

b. Binding individual arbitration

If the dispute is not resolved, you and GLN Tech agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (including their formation, validity, scope or enforceability) will be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (adr.org), before a single arbitrator. The arbitrator may award the same individual relief a court could, but only for the individual party seeking it. The arbitration will take place in the county where you live or by video or written submissions, at your choice. Payment of arbitration fees follows the AAA's consumer rules; we will pay any fees those rules require us to pay.

c. Exceptions

Either party may instead (1) bring an individual claim in small-claims court if it qualifies and stays there, and (2) seek an injunction in court to stop actual or threatened misuse of intellectual property or unauthorised access to the Service.

d. No class actions or juries

You and GLN Tech may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of different people. You and we both waive any right to a jury trial. If this class-action waiver is found unenforceable for a particular claim or type of relief, that claim or relief will be decided in court (after any arbitration of the remaining claims), and not in a class arbitration.

e. Many similar claims

If 25 or more similar demands are filed against us by or with the help of the same or coordinated lawyers or organisations, they will be handled in batches of up to 50 demands (one arbitrator per batch), starting with a small group of bellwether cases, and the time limit for bringing claims is paused for demands waiting their turn. Before filing, each claimant must personally sign the notice in part (a) and the arbitration demand, and certify that its facts are true to the best of their knowledge. A court may enforce this part.

f. Opting out

You may opt out of this arbitration agreement by emailing support@workhourbook.com within 30 days after you first accept these Terms, with the subject "Arbitration opt-out", your name, and the email address of your account (if any). Opting out does not affect any other part of these Terms. If we make a material change to this section, you may reject the change by emailing us within 30 days of the change.

21. Governing law and courts

These Terms, and any dispute relating to them or the Service, are governed by the laws of the State of Connecticut, United States, and applicable U.S. federal law (including the Federal Arbitration Act), without regard to conflict-of-law rules. Subject to section 20, any court proceeding must be brought in the state or federal courts located in Connecticut, and you and we consent to their jurisdiction.

If you live outside the United States, including in the EU, UK or Canada, the mandatory consumer-protection laws of the country where you live continue to apply to you, and you may bring proceedings in the courts of that country. Nothing in these Terms limits rights you have as a consumer that cannot be limited by agreement. The EU's online dispute resolution platform is at ec.europa.eu/consumers/odr.

To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

22. Export and sanctions

You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and sanctions laws.

23. Additional terms for Apple App Store users

If you downloaded the app from the Apple App Store, you and we also agree that:

• These Terms are between you and GLN Tech only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app and its content.
• Your licence is as described in section 3, including the Usage Rules of Apple's Media Services Terms.
• We, not Apple, are solely responsible for providing any maintenance and support for the app. Apple has no obligation whatsoever to provide maintenance or support.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our responsibility, subject to these Terms.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• You make the representations in section 22 about export and sanctions.
• Our contact details for questions, complaints or claims are in section 28.
• You must comply with applicable third-party terms when using the app (for example, your mobile data agreement).
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

24. Additional terms for Google Play users

If you downloaded the app from Google Play, your purchase and use are also subject to the Google Play Terms of Service. These Terms are between you and GLN Tech only, and Google is not responsible for the app or its support.

25. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Service or the law. The "Last updated" date shows when they last changed. If a change is material, we will give you reasonable notice before it takes effect, for example in the app or by email. Changes will not apply retroactively. By continuing to use the Service after a change takes effect, you accept the updated Terms; if you do not agree, you must stop using the Service and may delete your account.

26. Electronic communications

You agree that we may communicate with you electronically, including by email and in-app messages, and that such communications satisfy any legal requirement that they be in writing.

27. General

• Entire agreement. These Terms (with the Privacy Policy and any terms shown to you for a specific feature or offer) are the entire agreement between you and us about the Service and replace any earlier agreements on the subject.
• Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect.
• No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to do so later.
• Assignment. You may not transfer these Terms or your rights under them without our consent. We may transfer them, for example in connection with a merger, acquisition or sale of assets, or to a company we form to run the Service, and will tell you if the transfer materially affects you.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of internet, hosting or store providers, natural disasters, war, strikes or government action.
• No third-party rights. Except as stated in section 23, no one other than you and us has rights under these Terms.
• Relationship. Nothing in these Terms creates a partnership, employment, agency or fiduciary relationship.
• Language and headings. The English version controls if a translation differs. Headings are for convenience only.
• California users. Under California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

28. Contact us

For questions, complaints or claims about the Service or these Terms, contact:

GLN Tech
Connecticut, United States
Email: support@workhourbook.com