SYSTECH provides the Attendo service as an on-demand Cloud Service, accessible through a subscription model. This online platform is hosted and supported by SYSTECH, allowing users to leverage its features and functionalities. SYSTECH, as the owner of the Attendo website (www.attendo.io) and its software application, offers this service to meet the needs of businesses. By accepting these Terms of Use, both parties enter into a legally binding written agreement. This agreement remains in effect until terminated by either party, as specified herein. SYSTECH reserves the right to modify or update the terms of use, with proper notification provided to users. Users have the option to terminate the agreement and discontinue the service at any time, with a straightforward process in place. SYSTECH cannot be held responsible for any unavailability of the Cloud Service, data errors, inaccuracies, or consequential damages resulting from the use or inability to use the Cloud Service. SYSTECH grants users a non-exclusive, non-transferable, worldwide right to utilize the Cloud Service, including its implementation, configuration, materials, and documentation, solely for their internal business operations. The Cloud Service may include integrations with third-party web services, which are independently provided by entities other than SYSTECH or its affiliates. Users can access these integrations through the Cloud Service, subject to the terms and conditions set by the respective third parties. It's important to note that these third-party web services are separate from the Cloud Service itself, and the terms of this agreement do not extend to them.
Attendo gathers personal information from its users, and as a Cloud Service, permits users to collect personal information from other users. In compliance with the European Union's personal data regulation (GDPR), SYSTECH acts as the processor of the personal data managed by Attendo, while the User is recognized as the controller. These Terms of Use encompass the Data Processing Agreement mandated by the regulation. If the user desires a physical copy of the agreement bearing the signatures and dates of both parties, a signed PDF version will be furnished upon request. SYSTECH is dedicated to satisfying any reasonable user requests aligned with the stipulations of personal data protection legislation. Reasonable costs may be incurred by the user for fulfilling such requests.
Attendo enables its administrative users (admins) to store, process, and manage personal information of other users, including employees, temporary workers, subcontractors, and other individuals contributing time tracking information. It is the responsibility of the user's admins to safeguard the privacy of the personal data they collect and manage using the Cloud Service. SYSTECH adheres to industry best practices for data protection, employing secure communication, data encryption, user identification and authorization, rights management, secure storage, and redundancy. User information is securely stored on servers within a protected operating environment. While SYSTECH has implemented reasonable measures to minimize the risk of data loss, including regular data backups, it cannot be held accountable for any potential failures in data recovery or general data loss. To assist in preserving data integrity in the event of corruption, loss, or the cancellation of the Cloud Service, SYSTECH allows users to export their data without restrictions during the active subscription period. SYSTECH is committed to promptly notifying users of any incidents related to security, privacy, or data safety. The user bears responsibility for their data and its input into the Cloud Service. By using the Cloud Service, the user grants SYSTECH a non-exclusive right to process the data solely for the purpose of providing and supporting the Cloud Service. Upon termination of the agreement, SYSTECH will delete any remaining user data stored on servers hosting the Cloud Service, unless retention is required by applicable law.
The Cloud service operates on a subscription basis, with monthly or annual payment options determined by the number of end-users at the time of Cloud Service purchase. Subscription fees are invoiced at the start of the subscription period. The monthly subscription fee may vary based on the actual number of end-users. It is automatically billed according to the maximum number of users in the previous month. The customer's account is charged in the listed price, the currency applicable to the user's country of origin, and the exchange rate used by the checkout system. If an annual subscription is agreed upon, it is invoiced in advance based on the agreed number of users at that time. Any changes in the number of end-users are promptly calculated as follows: • Addition of new end-users: The difference in fees is paid in the subsequent months after the new end-users have been added. • Reduction in the number of end-users: SYSTECH will credit the user accordingly. This credit note will be applied at the beginning of a new billing period or when end-users are added. Subscriptions can be canceled at any time through the Settings link in the global navigation bar. Please note that monthly or yearly subscription fees already paid are non-refundable in the event of cancellation. The Account screen offers a simple and clear cancellation process. It is the customer's sole responsibility to ensure proper account cancellation. Cancellation requests via email will not be accepted.
Regarding the Cloud service, the user agrees not to: • Engage in disassembly, decompilation, reverse-engineering, copying, translation, or creation of derivative works, unless prohibited by law. • Upload unlawful content or data that infringes intellectual property rights. • Circumvent or jeopardize the operation or security of the Cloud service. SYSTECH may generate analyses utilizing information derived from the user's Cloud service usage. These analyses will anonymize and aggregate data and will be treated as confidential information. The analyses may be used for optimizing resources and support, research and development, automated processes to enhance performance and develop new SYSTECH products and services, verifying security and data integrity, internal demand planning, and producing data products such as industry trends, indices, and anonymous benchmarking.
SYSTECH warrants the following during the applicable subscription term: • The accuracy of this agreement and accompanying documentation in describing administrative, physical, and technical safeguards for securing the user's data. • No material decrease in the overall security of the Cloud services.• The Cloud services will perform substantially in accordance with the provided documentation. • No infringement upon registered intellectual property rights of any third party. In the event of a breach of the above warranties, the user's exclusive remedy is termination.
SYSTECH shall not be held liable for any loss, including loss of profits, indirect or incidental loss, loss of data, or non-functionality of the Cloud service, if: • The loss cannot be reproduced or attributed to SYSTECH, or if the Cloud service is not used in compliance with this Agreement. • The user fails to fulfill its duty to collaborate or disregards the advice provided by SYSTECH. • The loss occurs as a result of force majeure. • SYSTECH's total liability for damages or claims under this agreement is limited to 10% of the value of the subscription fees paid in the last 6 months, except in cases where SYSTECH intentionally or grossly negligently caused the damage.
SYSTECH guarantees that the Attendo online service will not be unavailable for more than a total of 1 hour per month. This warranty applies exclusively to claims supported by written reports of unavailability incidents submitted by the user. Each incident report must include precise details of the time and duration of the unavailability, and must be filed within 7 days of the incident. The warranty does not cover scheduled maintenance of the Cloud Service. SYSTECH will make reasonable efforts to provide the user with at least 48 hours' notice of such maintenance, indicating the expected maximum duration. The warranty excludes instances of unavailability caused by hosting providers, specifically Hetzner, as well as instances resulting from other factors beyond SYSTECH's control. Incidents detected through automated monitoring but not reported by users, as well as incidents lasting less than 5 minutes, are not covered by the warranty. In the event of a breach of the guaranteed availability, the client will receive a credit of 50% of the subscription fee for the month in which the breach occurred.
SYSTECH extends technical support services to the user. To initiate technical support, the user can submit their requirements via the support web page or by emailing info@attendo.io. The Customer Support team will strive to respond to these requests promptly, typically within the same or next business day. However, it's important to note that no guarantees or warranties are made regarding the response time aligning precisely with the user's expectations or ensuring complete satisfaction with the provided answer.
Payment terms are 40 days from the date of the invoice. If the Attendo subscription is not paid within 30 days after becoming due, the Cloud service falls into dormant mode. In dormant mode, real-time time tracking is still recorded. Dormant accounts are kept in dormant mode for 90 days. During that time, the account can be reactivated simply by paying a one-month subscription, where the rate is calculated according to the last month of active use. After 90 days, dormant accounts are automatically canceled.
Valid from: 01.07.2023 Last updated: 01.07.2023 This version supersedes all previous versions.
SYSTECH d.o.o. Braće Begić 48, 71000 Sarajevo Bosnia and Herzegovina www.attendo.io
