All Hours Terms of Service

Introduction

All Hours is a cloud-based time and attendance software solution developed by Spica International d.o.o. (hereinafter referred to as SPICA). It is designed to help businesses manage employee time tracking, leave management, real-time attendance monitoring, and streamline payroll processing by preparing data in various compatible formats.

All Hours online service (here also the Online Service or the Cloud Service), All Hours smartphone app (here also the App), optional card readers and time and attendance controller devices (here also Controllers), together as a whole provide the complete, end-to-end time and attendance solution (here also the Solution, or the System).

All Hours online service is run at www.allhours.com by Spica International d.o.o., Ljubljana, Slovenia (here also Spica). The allhours.com domain name, the web site and web application software, the smartphone app and the controller’s design are all owned by Spica.

Contact information:
Spica International d.o.o.
Pot k sejmiscu 33
1231 Ljubljana
Slovenia EU
Tel. +386 156-808-00
Email: info@spica.com
www.spica.com 

Important note

All Hours may be procured by End-users in two distinct ways:

A) Directly

All Hours is provided as subscription-based online service directly to its users under a written purchase order and under individually negotiated terms and conditions from Spica such as fees, payments, guarantees, and refunds.

B) Through Partners

All Hours may also be available to its users through third parties authorized by Spica (All Hours Partners, here also Partners). In those cases, the service is provided under the Partner’s own terms of use which may vary from this Terms of Use. If you are procuring All Hours from a third party and not directly from Spica, please refer to their terms and conditions.

In either case, the General Terms of Use below apply as the default unless they have been explicitly overridden by the individual terms and conditions (above A) or by the Partner’s terms and conditions (above B). Whenever in contradiction, the General Terms of Use clause will get overridden by the particular Terms of Use clause, with one exception which always remains in effect: Use Through Partners, End-user Protection, see below.

General Terms of Use

The acceptance of this Terms of Use constitutes the written agreement which is legally binding for both parties and valid until it is terminated by one of the parties as set forth herein.

SPICA reserves the right to amend or change the Terms of Use without prior notice. SPICA will, however, take reasonable steps to inform users about any such change and provide the easy-exit procedure in case of users wishing to terminate the agreement and leave the service at any time, for any reason.

SPICA is not responsible for the Cloud Service unavailability, data errors, inaccuracies or for any consequential damage caused by the use of, or inability to use the Cloud Service. In no case other than those regulated by the law, will the liability for damages exceed the sum of the subscription paid for the previous 6 months, the net value received, exclusive of taxes.

Cloud Service may include integrations with web services made available by third parties (other than SPICA or its affiliates) that are accessed through the Cloud Service and subject to terms and conditions with those third parties. These third party’s web services are not part of the Cloud Service and the agreement does not apply to them.

Use Through Partners, End-User Protection

Spica does not engage in End-user vs. Partner disputes and will remain neutral in any such case. However, Spica will do its best to ensure the continuity of the service for the End user and protect the End-user against Partner lock-up.

If such a dispute occurs resulting in major disruption or termination of the service, and if requested by the End-user organization, Spica will provide emergency remote support directly. Such emergency support is limited to mission-critical operations and to a maximum of 60 days. During that time, Spica will do its best to resolve the emergency as soon as possible by transferring the End-user to the alternative Partner. If such an arrangement is not available or not viable, Spica will offer direct remote support long-term.

Personal data and privacy

As a service, All Hours enables users to collect personal information of other users. In accordance with EU regulations regarding personal data (GDPR), SPICA acts as the processor (or sub-processor)* of the personal data managed by All Hours, while the User is deemed the controller. Data Processing Agreement (DPA), as required by the GDPR is available here .

SPICA is committed to fulfilling any request made by the users stemming from the provisions of personal data protection legislation, upon the user’s reasonable request. SPICA may charge the user reasonable costs for fulfilling such requests.

You can contact Spica regarding personal data and privacy by writing to

GDPR@spica.com .

*) SPICA is the sub-processor in case B above, see INTRODUCTION. GDPR does not require sub-processors to provide DPA to users. In case B above, SPICA (as sub-processor) is in a contractual relationship with All Hours Partner (a processor) which is in contractual relation with end-users and thus required to provide end-users with DPA.

Data security and safety

SPICA is ISO27001 certified and takes all reasonable measures to protect the information kept by All Hours from unauthorized use and to prevent unauthorized access to All Hours and its data. All Hours allows its administrative users (admins) to store, process and manage the personal information of other users such as employees, temporarily hired workforce, subcontractors, and other contributors of their time tracking information. User’s admins are responsible for protecting the privacy of the personal data they collect and manage with the Cloud Service.

SPICA follows best business practices for protecting user data such as secure communication, data encryption, user identification and authorization, rights management, safe storage, and redundancy. All the user information is stored on servers in a secure operating environment. All Hours server software runs in a multi-tenant environment using logical tenant isolation in Microsoft Azure cloud platform (Platform-as-a Service).

Although SPICA has taken all reasonable measures to minimize the risks of data loss, including the regular data backup, SPICA takes no responsibility for eventual data recovery failure or data loss in general. To help preserve the data in case of corruption, loss or the Service cancellation, SPICA allows unhindered export of data during the time of active subscription.

SPICA is committed to promptly informing the users about all security, privacy, and data safety incidents.

The user is responsible for their data and entering it into the Cloud Service. User grants SPICA a nonexclusive right to process such data solely to provide and maintain the Cloud Service.

At the end of the agreement, SPICA will delete the user’s data remaining on servers hosting the Cloud Service unless applicable law requires retention.

Subscription terms

The Cloud Service is available via monthly or annual subscription, billed at the beginning of each subscription period and automatically charged according to the subscription agreement.

Monthly Subscription:

Billed at the start of the subscription period.

May vary based on the actual number of users.

Automatically adjusted and billed based on the number of users at the renewal date.

Charged according to the listed price.

Annual Subscription:

Billed in advance based on the number of users at the time of purchase.

Changes in user count are promptly adjusted:

Adding Users: The additional cost is billed in the following months after new users are added.

Reducing Users: A credit is issued by SPICA and applied either at the beginning of a new billing period or when new users are added.

The subscription can be cancelled at any time by accessing the Settings link in the global navigation bar. Please note that already paid monthly or yearly subscriptions are non-refundable. The Account screen provides a straightforward cancellation process. It is the customer's sole responsibility to properly cancel their account. Email messages are not accepted as a method of cancellation.

With respect to the Cloud Service, the user will not:

(a) disassemble, decompile, reverse-engineer, copy, translate or make derivative works, except to the extent such rights cannot be validly waived by law,

(b) disrupt its operation or circumvent or diminish its security.

The subscription can be cancelled at any time by accessing the Settings link in the global navigation bar. Please note that once a subscription is cancelled, any previously paid monthly or yearly subscriptions are non-refundable The Account screen provides a straightforward cancellation process, and the action is immediate upon completion, making further use of the service impossible. It is the customer's sole responsibility to properly cancel their account. Email messages are not accepted as a method of cancellation.

SPICA reserves the right, at its sole discretion, to suspend or terminate any customer account and refuse any current or future use of the Cloud service or any other SPICA service, for any reason at any time.

Technical Support

Spica provides technical support to the End-users online using built-in chat-based support platform provided by Intercom.com . The requests are normally responded within the same or next business day. Business hours are 8:00 to 16:00 each day from Monday to Friday, except on officially declared bank holidays in Slovenia.

Technical support is provided on the “best-effort” basis and there are no guarantees regarding the response time, quantity, quality, performance or the outcome of the support.

Warranties

SPICA warrants that during the subscription term:

a) this agreement, and any documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of user’s data,

b) SPICA will not materially decrease the overall security of the Cloud Service,

c) the Cloud Service will perform materially in accordance with the applicable documentation,

d) registered intellectual property rights of 3rd parties will not be breached.

For any breach of the warranty above, the user’s exclusive remedy is termination.

SPICA shall not be held liable for any loss, including loss of profits, indirect or incidental loss, loss of data, non- function of the Cloud Service or its functionalities if:

loss is not reproducible or not imputable to SPICA or in cases where the Cloud Service is not used in compliance with this Agreement;

user has failed to properly perform its duty to collaborate or failure to take the advice of SPICA;

If the loss is caused by the force majeure.

SPICA’s total liability for any damages or claims under this agreement is limited to the net value of the subscription fees paid in the last 6 months, except when such limitation is prohibited by law.

Non-payment and limited mode

Payment terms are 15 days from the date of the invoice. If All Hours subscription is not paid in 45 days after becoming due, the Cloud service falls into limited mode. In limited mode, real-time time tracking is still recorded. During that time, the account can be reactivated simply by paying outstanding invoices.

If the All Hours subscription is not paid 6 months after becoming due, SPICA reserves the right to discontinue the service in its entirety.

Tax notes

All the fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Customers outside the EU are responsible for payment of all such taxes, levies, or duties. Customers within the EU are treated according to EU tax regulation, as follows:

Business customers from the EU are not charged Slovenian VAT but are required to submit their EU VAT registration number.

Non-business customers from the EU are charged an additional 22% of Slovenian VAT.

All business and non-business customers from Slovenia are charged an additional 22% of Slovenian VAT.

Governing law

The Agreement and any claims relating to its subject matter will be governed by and construed under the laws of Slovenia, without reference to its conflicts of law principles. All disputes will be subject to the exclusive jurisdiction of the courts in Ljubljana. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (where enacted) will not apply to the Agreement.

Either party must initiate a cause of action for any claim(s) relating to this agreement and its subject matter within one year from the date when the party knew, or should have known after reasonable investigation, of the facts giving rise to the claim(s).

Validity

Effective Date: 01-SEP-2024

This version supersedes all previous versions.