Terms & Conditions

1. Applicability

These General Terms and Conditions apply to the Agreements concluded between “Biodit” AD, hereinafter referred to as the “Provider”, and you, hereinafter referred to as the “Client”, regarding the use of the Software as a Service (SaaS). By using ClockMe, you agree to these terms and to any agreement (“Agreement”) concluded between the Provider and the Client.

2. Right of Use and Intellectual Property

2.1. “Biodit” AD grants a right to use the SaaS for the duration of the Agreement (the “Subscription License Period”). The right of use is non-exclusive and non-transferable. All intellectual property rights related to the SaaS belong to “Biodit” AD or, where applicable, to its licensors. You may use the SaaS solely within and for the purposes of your business or organization and only as intended. You are not permitted to provide the SaaS to third parties or grant them access to it in any way.

2.2. If the subscription license type you have selected is limited to a specific number of users, you are not allowed to permit use of the SaaS by more users than those specified in the Agreement.

2.3. In order to exercise your right of use, you will be provided with one or more usernames and corresponding passwords. These are strictly personal and may only be used by the individuals in whose name they are registered. Usernames may not be shared. If someone accesses your account using your username and password, “Biodit” AD will assume this has been done with your consent. If you know or suspect that your username and/or password is being used in violation of these Terms and Conditions, you must immediately notify “Biodit” AD.

2.4. “Biodit” AD has the right to provide an updated version of the SaaS (upgrade).

3. Fees

3.1. After the expiration of the Trial Period (see Art. 7.1), you owe a fee for the use of the SaaS depending on the selected subscription license type. The amount of the fee is indicated on the “Biodit” AD website. The fee is payable in advance via one of the following methods: VISA/Mastercard, SEPA Debit, and/or PayPal. Upon renewal of the Agreement, the due amount will be debited from your selected payment method.

3.2. “Biodit” AD has the right to change the amount of the fee. You will be notified of any change at least 60 (sixty) calendar days in advance. The change will take effect upon the next subscription fee payment after the expiration of the notice period.

3.3. If “Biodit” AD offers a free version of the SaaS and you use it, no fee is due. “Biodit” AD may at any time terminate the free version and/or convert it into a paid version. In such case, you will be notified at least 30 (thirty) calendar days in advance. If you do not wish to switch to a paid version, the Agreement will be terminated immediately.

4. ClockMe Functionality

4.1. The SaaS is provided “as is”. The functionalities covered by your right of use depend on the selected subscription license type. The types of subscription licenses are listed on the ClockMe website.

4.2. “Biodit” AD may unilaterally, without prior notice and at any time, decide to add, remove, and/or modify functionalities of the SaaS.

4.3. The SaaS provided by “Biodit” AD is not compatible with hardware other than that offered by “Biodit” AD.

5. Support

5.1. The provision of the right to use the SaaS shall be considered an obligation of best efforts on the part of “Biodit” AD. This means that “Biodit” AD does not guarantee uninterrupted availability of the SaaS, for example (but not limited to) in the event of network failures, nor does it guarantee that the SaaS will function without errors.

5.2. “Biodit” AD shall periodically carry out scheduled maintenance, during which the SaaS may be temporarily unavailable, and the Client shall be notified in advance through the system.

6. Liability and Indemnification

6.1. “Biodit” AD shall not be liable (except in cases of willful misconduct or gross negligence) for indirect damages, including loss of profit, loss of savings, damage to reputation, business interruption, claims by employees or third parties, loss or damage of data.

6.2. You shall indemnify and hold harmless “Biodit” AD, its employees, and all other persons involved in the performance of the Agreement against any claims by third parties related to the use of ClockMe, including claims related to or arising from the processing of personal data, to the extent that such claims exceed or differ from the claims you are entitled to bring against “Biodit” AD.

7. Term and Termination

7.1. The initial Subscription License Period is 30 days (the “Trial Period”). During this period, you may use the SaaS free of charge. After its expiration, the Agreement shall be terminated unless renewed in advance. The Trial Period may only be used once.

7.2. The subscription may be extended by 30 (thirty) days or 1 (one) year at your choice.

7.3. If you wish to terminate the subscription license, it must be cancelled via the termination option available in the system. The license will remain active until the end of the paid period, whether monthly or annual. If not cancelled, the due fee will be automatically debited.

7.5. “Biodit” AD has the right to terminate the Agreement immediately, without prior notice.

7.6. At the end of the Agreement, the right to use the SaaS shall cease. You are responsible for ensuring that all data from the SaaS is saved before the end of the Agreement. “Biodit” AD may delete such data after the expiration of the Agreement. “Data” means the data stored by you in the SaaS. Personal data stored in the SaaS shall be governed by the provisions of the data processing agreement concluded between “Biodit” AD and you.

8. Confidentiality

The parties undertake to keep confidential any information received from one another which they know or may reasonably assume should be treated as confidential. This shall not apply if the other party is required to disclose such information under applicable law and/or regulations or by court order.

9. Final Provisions

9.1. All verbal agreements shall be deemed void. Any additions or amendments to the Agreement or these General Terms and Conditions shall be valid only if agreed in a document signed and dated by both Parties, unless otherwise provided in these Terms and/or the Agreement.

9.2. “Biodit” AD has the right to unilaterally amend or supplement these General Terms and Conditions. “Biodit” AD will notify you in advance of any amendment or supplement within 30 (thirty) days.

9.3. The rights and obligations under the Agreement may not be transferred without the consent of the other Party.

9.4. “Biodit” AD will process personal data in the manner described in the data processing agreement concluded between you and “Biodit” AD. These General Terms and Conditions and the data processing agreement are inseparably linked.