These terms of service govern the relationship between LogMyHours and anyone who uses
or has access to, or attempts to use or gain access to, any time tracking application
provided by Log My Hours. The terms and conditions set forth herein apply regardless of the
environment in which the application is used, the geographic location of such use and the
technical means employed therefore. Please consider the below text carefully for it is only
if you fully agree with all terms and conditions contained herein that you may use the
applications referred to. If you find anything in this document that you do not understand
or agree with, please refrain from using Log My Hours's applications. Any use or access of the same
or any attempt to do so shall be deemed to constitute your consent to be bound by these
terms of service.
1.1. The following terms, when capitalised, shall have the meanings assigned to them
"Agreement" -- these terms of service (as amended from time to time), Supplier's privacy
policy (available at https://logmyhours.com/en/services/privacy)
and such other terms concerning the Service as Customer may agree to via the Service when
prompted to by Supplier;
"Content" -- the information (including text, images, audio and video material),
functionality and technical resources provided by Supplier as a part of, through or in
conjunction with the Software. Items of Content are grouped into and provided to Customer in
one of several standard packages referred to as Service Plans;
"Customer" -- any person or entity that has a valid User Account. Each Customer should take
this term as referring specifically to them, unless the context otherwise requires;
"Customer Details" -- all Personal Data about Customer that Customer provides to Supplier in
connection with this Agreement or the Service. Customer Details may, for example, include
such information as Customer's name, address, email address, picture, time zone, tax
registration number, the method by which Customer pays for their Service Plan and
information about which third-party services Customer uses for accessing or otherwise in
conjunction with the Service;
"Intellectual Property" -- all existing and future trademarks, service marks, domain names
and business names, rights pertaining to inventions, designs, databases and proprietary
information (including, without limitation, trade secrets and know-how), patents,
copyrights, moral rights and all other assets and benefits commonly regarded as intellectual
property, whether registered or not;
"Party" -- each of Customer and Supplier;
"Personal Data" -- any information about a natural person that comes under the legal
definition of "personal data" as provided under applicable law (At the time these terms of
service were last revised, the legal definition of personal data read as follows: any data
relating to an identified or identifiable natural person, regardless of the form or format
in which such data exist);
"Service" -- depending on the context, either (i) Supplier's making available of the
Software, Content and customer support (all of which are made available "as a service"), or
(ii) Software, Content and customer support collectively or in any combination;
"Service Plan" -- a standard set of Content that Supplier has agreed to provide. Each Service
Plan has its own name or name extension (such as "pro" or "free", for example) and different
prices may be charged for different Service Plans. The features and prices of Service Plans
can be studied on logmyhours.com;
"Significant Change" -- any change to the terms of this Agreement that reduces Customer's
rights or increases Customer's responsibilities;
"Software" -- Log My Hours time tracking software and such other Supplier-developed software
applications as Supplier may make available in conjunction therewith, including such
modifications and replacements thereof as Supplier may from time to time provide;
"Supplier" -- Log My Hours OÜ, a private limited company incorporated under Canadian law.
"Third-party User" -- any person that Customer permits or causes to have access to the
Service, except another Customer;
"User Account" -- a Supplier-hosted or -administered account provided to Customer through the
Service for the purpose of enabling Customer to use the Service;
"Workspace" -- any part of the user environment provided via the Service, except Customer's
personal profile page. Certain Workspaces may but need not be shared with other users of the
Service (Customer and other users of the Service may decide to share or not share certain
Workspaces with each other, enable and restrict each other's use of shared Workspaces as
well as limit, broaden, prevent and restore access thereto);
"Workspace Data" -- any information that Customer, any Third-party User or any other user of
the Software, Content or any other part of the Service possesses or enters, records, stores,
modifies, discloses, makes available, transmits, uses, deletes or otherwise processes in,
through or by means of any Workspace.
1.2. "Herein", "hereto", "hereof", "hereunder" and similar expressions, wherever used in this
Agreement, shall be deemed to refer to the Agreement.
1.3. This Agreement (as amended from time to time) constitutes the entire agreement between
the Parties relating to the subject matter hereof and supersedes and replaces all prior
agreements and understandings between the Parties with respect to that subject matter.
1.4. In case of conflict or ambiguity between any provision contained herein and any
statement, representation or other information published on logmyhours.com, the provision in the
Agreement shall prevail.
2.1. This Agreement shall be effective between the Parties as of the moment when Customer
obtains a User Account or agrees or is deemed to have agreed to the terms hereof, whichever
occurs first. The Agreement is entered into for an indefinite term and may be cancelled by
either Party as provided herein.
2.2. Anyone who visits logmyhours.com website or uses, accesses or attempts to access any part of
the Service shall by so doing be deemed to have agreed to the terms hereof.
3.1. Subject to the terms set forth herein, Supplier grants to Customer and the latter
accepts a limited, non-exclusive and non-transferable licence to use the Software and the
Content included in Customer's Service Plan.
3.2. Software and Content may only be used in such manner as necessary for utilising the
Service for its intended purpose and only during the time the Agreement remains in force
between the Parties.
3.3. The Service may only be accessed through the interface(s) Supplier has provided
therefore and shall not be accessed or attempted to be accessed in any manner not approved
3.4. With respect to assignment, sub-licensing and other disposals, the Parties have agreed
that: (i) Customer shall not, without the prior explicit consent of Supplier, sub-license,
assign, encumber or otherwise dispose of any right, benefit or obligation hereunder, except
that Customer may assign and encumber their monetary claims without requiring Supplier's
consent; (ii) Supplier may: (a) in its sole discretion sub-license, assign, encumber and
otherwise dispose of any and all of its rights and benefits hereunder; (b) dispose in any
manner of any and all of its obligations under this Agreement, provided it notifies Customer
3.5. No licence or other right with respect to the Software, Content or any other part of the
Service is granted by this Agreement to anyone other than the Parties.
4.1. Supplier will use commercially reasonable efforts to provide the Service to Customer
throughout the term of this Agreement in accordance with Customer's Service Plan.
4.2. Customer acknowledges that: (i) the Service has not been designed to meet Customer's
individual requirements; (ii) the operation of the Service may from time to time encounter
technical or other problems and may not continue uninterrupted or without errors; (iii) the
Service is not fault-tolerant and has not been designed for use in inherently dangerous
circumstances, such as, e.g., the operation of "major sources of danger", traffic control or
life support systems, handling hazardous substances and other activities where the failure
of the Service could lead to death, personal injury or environmental damage.
4.3. The Service (including all Software and Content) is provided on an "as is" and "as
available" basis. Customer's selection and use of the Service is at Customer's own risk, and
so are Customer's and Third-party Users' exposure to, down- and upload of, as well as
transmission, other processing and possession of information, programs and other objects
through or due to the Service.
4.4. Supplier has no obligation to enhance, modify or replace any part of the Service or to
continue developing or releasing new versions thereof.
4.5. Technical support is provided via the Service feedback feature and only in English.
Supplier aims to answer most support issues within 24 business hours but is under no
obligation to do so and makes no guarantee on how quickly support is provided or issues will
4.6. Some parts of the Service may have been translated into other languages, but it is only
those that are available in English that Supplier has approved for use.
4.7. The Service may provide links or access to third-party websites, resources or services
and these may provide links or access to the Service. Supplier is not responsible for the
qualities (including the availability, reliability and security) of such external sites,
resources or services, does not endorse them and shall not be liable for any loss, damage,
expenses or other consequences resulting from their existence, qualities, use or inability
to use them.
5.1. By subscribing oneself or one's Workspace or permitting or causing oneself or one's
Workspace to be subscribed to a Service Plan, Customer shall be deemed to have agreed to and
accepted liability for the payment of all fees, rates and other charges associated with the
respective Service Plan. The same applies in a situation where Customer permits or causes
oneself to be designated as the payer for someone else's subscription.
5.2. The default billing cycle for any chargeable Service Plan is monthly (i.e., Customer is
charged for the Service on a monthly basis), starting on the day immediately following
Customer's subscription to the respective plan, or, if a free trial period has been granted
to Customer, on the day immediately following such trial period (first-time subscribers to a
chargeable Service Plan are often granted a 30-day trial period, starting on the day of
their subscription to the respective plan).
5.3. Payment for the Service is due in advance by the first day of each billing cycle and
should be effected by credit card or PayPal, unless otherwise agreed. Customer shall ensure
that sufficient funds are available on the relevant account and acknowledges that late
payment may result in the suspension of Service or cancellation of the Agreement.
5.4. All payments for the Service are handled by a third-party payment gateway. Supplier is
not responsible for the processing of Customer's payments and shall not be liable for any
matter in connection therewith.
5.5. Supplier may change the fees, rates and the billing cycle applicable to Customer's
Service Plan upon a month's notice. In the event that Customer does not agree with the
respective change(s), their sole and exclusive remedy shall be to unsubscribe from the
Service Plan in question. Customer's remaining subscribed to their Service Plan after any
such change(s) shall constitute Customer's consent to the respective change(s).
5.6. If Customer cancels their subscription to a Service Plan or if their Service Plan is
modified or the Agreement is terminated or modified prior to the end of the then-current
billing cycle, no refund will be given to Customer for any payment relating to that billing
5.7. Prepayments for future billing cycles are non-refundable. Upon on an upgrade or a
downgrade from one chargeable Service Plan to another, a prepayment made for the original
Service Plan will be applied against the amounts payable for the new Service Plan.
5.8. All fees and rates are exclusive of value added tax, sales tax and other public burdens.
Customer shall be solely responsible for all taxes and burdens that may be levied on their
purchase or use of the Service.
6. Customer undertaking
6.1. Customer must be a person (either natural or legal) or an entity with legal
6.2. Supplier's policy is to not solicit or otherwise induce or influence any person not
possessing active legal capacity (including persons whose active legal capacity has been
restricted or is deemed to be restricted) to subscribe to the Service or to use the same.
For the protection of those whose active legal capacity is restricted, Supplier prohibits
any such person from subscribing to, being subscribed to, and from using, the Service. In
case of natural persons, full active legal capacity is usually acquired by becoming of legal
age, which, pursuant to the law applicable to this Agreement, occurs when one attains 18
years of age. It is for the aforesaid reasons that the natural-person Customer and any
representative of a non-natural-person Customer must represent to Supplier, and by his/her
subscribing to the Service (or, respectively, by subscribing Customer to the Service) does
so represent, that s/he is at least 18 years of age and fully capable of entering into
binding contracts. The same representation is deemed to be made each time the Service is
used and Customer acknowledges that Supplier relies on this representation being true
throughout the term of the Agreement.
6.3. Customer acknowledges that Supplier is not obliged to verify Customer Details and may
rely on these details without verification.
6.4. Customer must comply and shall cause Third-party Users to comply with all laws, rules
and regulations applicable to their use of the Service and their acquisition, possession and
processing of Workspace Data.
6.5. With respect to the information (including all text, images, audio-visual material,
Personal Data and other content) that Customer or any Third-party User acquires, possesses
or enters, records, stores, modifies, discloses, makes available, transmits, uses, deletes
or otherwise processes via the Service, Customer represents and warrants to Supplier that
Customer or, respectively, the relevant Third-party User, has the right to acquire, possess
and process the same. Customer shall be solely responsible for the properties of the said
information and the acquisition, possession and processing of such information under,
through or by means of Customer's User Account.
6.6. Customer shall not, and shall cause Third-party Users not to, use the Service for
sending unsolicited communications or for uploading, transmitting, delivering, running,
possessing or storing harmful code, malware or illegal content.
6.7. Any Customer content that conflicts with the provisions of this Agreement may be
removed, disabled and/or destroyed by Supplier at its sole discretion without any warning or
6.8. Without excluding or limiting any of Customer's statutory obligations, Customer
undertakes to Supplier that Customer will not, and will not allow any Third-party User to:
(i) use any device, software or routine to interfere or attempt to interfere with the proper
functioning of the Service; (ii) impose an unreasonable or disproportionately heavy load on
the Service or its infrastructure; (iii) copy, modify, reproduce or create derivative works
from, or decompile, reverse engineer or otherwise attempt to derive source code from the
Software or any other part of the Service; (iv) remove, alter, hide or obscure any copyright
notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise
pertaining to the Service; (v) create or attempt to create any product or service that is
substantially similar to or otherwise competes with the Service or purports to be created,
provided or approved by Supplier.
The undertakings of Customer set forth in this section 6.8 shall also be deemed to have been
made by anyone who visits logmyhours.com website or uses, accesses or attempts to access any part
of the Service.
7. Representative's undertaking
7.1. Any person that subscribes Customer to the Service or otherwise represents Customer upon
the latter's entry into the Agreement shall by so doing be deemed to have personally
represented and undertaken to Supplier that s/he has the authority to act on Customer's
behalf and that the Agreement is binding on Customer. Each such representative hereby
further undertakes to Supplier, and the latter agrees, that if this Agreement proves to be
void due to the representative's lack or excess of authority or if it emerges that the
representative has concluded this Agreement on behalf of a non-existent Customer then such
representative shall be deemed to have entered into the Agreement on their own behalf and
the Agreement shall be effective (ab initio) between Supplier and the aforesaid
8. User Account
8.1. Customer shall be fully responsible for the activity that occurs under their User
Account, including all acts performed through or by means of such User Account, and must
notify Supplier immediately of any breach of security relating to or unauthorised use of
their User Account.
8.2. With respect to Customer's usernames, passwords and authentication tokens, the Parties
have agreed that Customer shall be responsible for: (i) maintaining the confidentiality of
their usernames, passwords and tokens; (ii) all acts performed by the use of and all
consequences of use or misuse of any such username, password or token.
8.3. Supplier shall not be responsible for any loss, damage or other consequences that may
result from any unauthorised use of Customer's User Account, username, password or
9. Intellectual Property and proprietary rights
9.1. All Service-related Intellectual Property belongs and shall belong to Supplier. Customer
shall not acquire any right thereto or interest therein or otherwise in connection with the
Service, except for the limited rights of use expressly set forth in this Agreement. All
rights not expressly granted herein shall be deemed withheld.
9.2. Neither the fact of concluding this Agreement, nor any provision contained herein, nor
any breach by any Party of its obligations hereunder, shall be construed as creating in
Customer or cause the latter to acquire any proprietary right, security interest, pawn or
any other right of security with respect to any item or asset belonging to Supplier.
9.3. Supplier may, in its sole discretion, disable, close or restrict access to any User
Account that is used to infringe on anyone's Intellectual Property or proprietary or
10. Contributions to the Service
10.1. With respect to any object of Intellectual Property or any other result of intellectual
activity that is submitted, contributed or otherwise made available for inclusion in the
Software, Content or any other part of the Service, Supplier shall be deemed to have been
granted a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully
sub-licensable licence to use, distribute, reproduce, modify, adapt, publish, translate,
transmit, publicly perform, display and make available the same (in whole or in part) and to
incorporate it into other works in any format or medium now known or later developed. Any
person making such a contribution warrants to Supplier that they have the right to do so and
agrees that they will not be entitled to any compensation or reimbursement therefore.
11. Disclaimer of warranties
11.1. All conditions, representations and warranties not expressly stated herein (including,
without limitation, those relating to merchantability, fitness for a particular purpose,
non-infringement and up-time as well as those that may arise from a course of performance,
course of dealing or usage of trade) shall be deemed withheld by Supplier to the fullest
extent permitted by law.
11.2. Supplier makes no representation or warranty (i) that the Service will meet Customer's
or Third-party Users' requirements or expectations, (ii) that access to or use of the
Service will be uninterrupted, timely, secure or error-free, (iii) that any defects in the
Service will be corrected, (iv) that the Service or any means by which the Service is
accessed or used is free of malware or other harmful components; or (v) with respect to any
third-party software, content, material, information, infrastructure or other third-party
resources or services that Customer or any Third-party User may acquire, use, access or be
exposed to through or due to the Service.
11.3. Each Party acknowledges that the other Party has entered into the Agreement relying on
the above disclaimers and that these disclaimers are an essential basis of the bargain
between the Parties.
12. Limitation of liability
12.1. Supplier shall not be liable for any loss, damage, expenses or other consequences
resulting from (i) anyone's use or inability to use the Service, (ii) the properties of the
Service, (iii) the need to procure or the procurement of substitute goods or services or any
other substitute benefit for the Service or for any information, service or other benefit
received, owned, possessed or otherwise enjoyed through the Service, (iv) any message or
other communication received or transaction entered into through or from the Service, (v)
unauthorised access to or interruption, alteration, loss or deletion of Customer's or any
Third-party User's transmissions or data, (vi) the statements or conduct of any person
having access to the Service, (vii) any other matter relating to the Service; REGARDLESS of
whether the same are suffered directly or indirectly or are immediate or consequential, and
whether the same arise in contract, tort or otherwise; PROVIDED, HOWEVER, that (a) this
section shall not prevent claims for the compensation of direct financial (patrimonial) loss
suffered by Customer due to Supplier's intentional or grossly negligent breach of this
Agreement or financial (patrimonial) loss resulting from Supplier's causing personal injury
to, or the death of, Customer, AND that (b) the total liability of Supplier, whether in
contract, tort or otherwise, shall in no circumstances exceed the amount that Customer has
paid to Supplier for the Service during the twelve months immediately preceding that month
in which the event giving rise to Supplier's liability occurred.
12.2. No Party shall be liable to the other for breaching its obligations due to a
circumstance it reasonably could not have foreseen and that is beyond its control, such as,
for example, an "act of God", act of government, war, civil unrest, act of terror, strike,
Internet service provider failure or any other circumstance qualifying as force majeure --
to the extent that the respective circumstance prevented or hindered the Party's
13.1. Customer shall defend or settle, with no harm, cost or burden to Supplier, any lawsuit
or other proceeding that is brought against Supplier based on or otherwise arising out of
Customer's or any Third-party User's (i) use of the Service (including the acquisition,
possession or processing of information through the Service), (ii) contribution to the
Service, (iii) use, misuse or other processing of Personal Data, or (iv) infringement of
Intellectual Property or any proprietary or personal right. Customer further agrees that
upon Supplier's request Customer will reimburse Supplier for all reasonable costs (including
reasonable attorneys' fees) that Supplier incurs in connection with any such lawsuit or
14. Data processing
14.1. Customer acknowledges that Customer Details and certain other information about
Customer and Third-party Users is collected and processed through the Service. Supplier's
understands that by using or otherwise accessing the Service Customer is deemed to have
including the transfer of this information to the country of Supplier's domicile and/or
other countries for processing by Supplier and/or its contractors.
14.2. Supplier shall not be considered a controller or processor (neither chief, responsible,
authorised nor any other processor) of Workspace Data and has no obligation whatsoever in
connection with any Workspace Data or the processing thereof. All Workspace Data shall be
deemed to be processed by Customers and any inquiry, request, objection, complaint or claim
that a Customer may have in connection with Workspace Data or any processing thereof should
be addressed to their respective peers (generally, to the administrator of the relevant
Workspace). Supplier is under no obligation to participate or take any action in such
15. Modification and suspension
15.1. Customer acknowledges that, from time to time, circumstances may arise that in
Supplier's judgment make it necessary or desirable to modify certain provisions of this
Agreement. Such circumstances may include, but are not limited to, the following: (i) the
launch of a new service or a modification to the Service; (ii) a change in Supplier's policy
or in its legal or business environment; (iii) the entry of a judgment or an order against
or in favour of Supplier; (iv) a significant corporate event, such as, e.g., Supplier's
merger or acquisition or its reorganisation into a different type of entity; (v) the
ambiguity, inconsistency, nullity, voidability or unenforceability of a provision herein or
its becoming out of date.
15.2. Customer agrees that: (i) upon the occurrence of any of the circumstances referred to
above, Supplier shall be entitled to make such changes to the Agreement as it reasonably
deems appropriate; (ii) Supplier's ability to foresee a particular event or to prevent it
from happening shall not affect its right to amend the Agreement due to the occurrence of
that event; (iii) Supplier may amend the Agreement by posting a revised version on logmyhours.com
and the revised version will take effect as of the time it is posted, unless otherwise
stipulated herein; (iv) if the revised version of the Agreement includes a Significant
Change, Supplier will provide Customer reasonable prior notice of such new version's entry
into force by sending an email to the address Customer has associated with their User
Account or by posting a prominent notice on the Service.
15.3. Notwithstanding anything herein to the contrary, Supplier reserves the right to modify
the Service at any time for any reason, with or without notice. Unless explicitly stated
otherwise, the use of any new features, versions, releases, updates or other modifications
that Supplier may make available in connection with the Service shall be subject to the
Agreement. Customer's continued use of the Service after any such modification(s) shall
constitute Customer's consent to the respective modification(s).
15.4. If Customer does not agree with the changes, or any particular change, that Supplier
has made to the Agreement or the Service, Customer's sole and exclusive remedy shall be to
cancel the Agreement and terminate their use of the Service.
15.5. Supplier may discontinue providing the Service or any part thereof upon a month's
notice and may, without notice, suspend or restrict access to the Service for any Customer
whose payment for the Service remains overdue for more than a week or whose use of the
Service conflicts with the provisions of this Agreement.
15.6. Supplier may suspend performance under the Agreement in whole or in part with immediate
effect if it is required by law or by a competent court, tribunal or regulatory body to
temporarily or permanently refrain from continuing to perform its obligations hereunder.
16.1. The Agreement between Supplier and Customer can only be terminated by closing
Customer's User Account. In order to close one's User Account, Customer must log on to the
Service, go to "My Profile", select "I wish to close my account" and click on "Close my
Log My Hours account".
16.2. Any unilateral termination of this Agreement shall be deemed to occur by way of
cancellation, unless the Party terminating the Agreement has grounds to withdraw and
notifies the other Party that it withdraws from the Agreement.
16.3. Either Party may cancel the Agreement at any time -- Customer with or without notice
and Supplier upon a month's notice ("ordinary" cancellation).
16.4. Upon a Party's material breach of its obligations hereunder, the other Party may cancel
the Agreement forthwith, i.e. without warning or advance notice ("extraordinary"
cancellation). A material breach shall, inter alia, be deemed to have occurred if: (i) a
Party is in breach of any of its obligations hereunder and fails to discontinue or remedy
such breach within two weeks after notice from the other Party specifying the breach and
requiring it to be discontinued or remedied; (ii) a Party is in persistent breach of any of
its obligations hereunder and the respective breach cannot be remedied; (iii) a breach by
one Party deprives the other of the whole benefit, or substantially all of the benefit, the
latter was entitled to hereunder. Other provisions of this Agreement and those of applicable
law may provide additional grounds for extraordinary cancellation.
16.5. Any natural person whose entry into or being a party to the Agreement or use of the
Service or enjoyment of any other benefit in connection with the Agreement or the Service is
not motivated by, useful for or otherwise related to their independent economic or
professional activities, i.e. a "consumer", has the right to withdraw from this Agreement
within 14 days of their becoming a party hereto. Notwithstanding anything herein to the
contrary, upon a consumer's exercise of such right to withdraw, the consumer shall be
entitled to a full refund of the amounts they have disbursed to Supplier for the Service
during the term of the Agreement, provided that they also return to Supplier or compensate
it for the value of everything they have received hereunder.
16.6. Any termination of the Agreement shall be without prejudice to the Parties' rights and
remedies that have accrued prior to the termination.
16.7. Customer understands and agrees that upon any termination of this Agreement: (i) all
rights that Customer has been granted hereunder will terminate; (ii) Customer shall cease
all activities authorised by the Agreement; (iii) they shall immediately disburse to
Supplier all sums that are due to the latter hereunder; (iv) all Customer content and other
data associated with Customer's User Account will be deleted or otherwise made unavailable
to Customer; (v) they will receive no refund, exchange or other compensation for any unused
time on a subscription, for any licence or subscription fee, any content or other data
associated with their account, or for anything else.
18.1. Customer agrees that Supplier may provide notice to Customer by posting it on the
Service or by sending it to the email address Customer has associated with their User
Account. All notices to Supplier must be sent to the email address (or postal address)
specified in the first section of this Agreement under the term "Supplier".
19.1. Having sufficiently considered each term of the Agreement both individually and in
conjunction with other terms, each Party hereby confirms to the other that it finds the
Agreement fair and not oppressive or harmful in any respect.
Last revised: August 17, 2015