Terms of Service Documentation
Please read this Terms of Service agreement carefully before accessing or using Clocked.
A. Definitions
1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the CLOCKED Privacy Statement) and procedures that we may publish from time to time on the Website.
2. The “Service” refers to the applications, software, products, and services provided by CLOCKED.
3. The “Website” refers to CLOCKED website located at CLOCKED.ca, and all content, services, and products provided by CLOCKED at or through the Website. It also refers to CLOCKED-owned subdomains of CLOCKED.ca
4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.
5. CLOCKED,” “We,” and “Us” refer to CLOCKED.ca, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to content featured or shown through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
B. Account Terms
1. Required Information
You must provide a valid email address, password, real name, company name and basic address information in order to complete the signup process. Any other information requested is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
2. Account Requirements
We have a few simple rules for accounts on CLOCKED's Service.
• You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
• A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free personal account.
• One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
• You must be age 13 or older. CLOCKED does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside Canada, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
3. User Account Security
You are responsible for keeping your account secure while you use our Service.
• You are responsible for all content posted and activity that occurs under your account.
• You are responsible for maintaining the security of your account and password. CLOCKED cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You will promptly notify CLOCKED if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
C. Acceptable Use
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
• is unlawful or promotes unlawful activities;
• is or contains sexually obscene content;
• is libelous, defamatory, or fraudulent;
• is discriminatory or abusive toward any individual or group;
• contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using CLOCKED, you agree that you will not under any circumstances:
• harass, abuse, threaten, or incite violence towards any individual or group, including CLOCKED employees, officers, and agents, or other CLOCKED Users;
• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
• attempt to disrupt or tamper with CLOCKED's servers in ways that could harm our Website or Service, to place undue burden on CLOCKED's servers through automated means, or to access CLOCKED's Service in ways that exceed your authorization (other than those authorized by the CLOCKED Bug Bounty program);
• impersonate any person or entity, including any of our employees or representatives, including through false association with CLOCKED, or by fraudulently misrepresenting your identity or site's purpose; or
• violate the privacy of any third party, such as by posting another person's personal information without consent.
4. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without CLOCKED's express written permission.
5. Scraping
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. We only allow scraping by established search engines. All other forms of scraping will be blocked when they are detected.
6. Privacy
Misuse of CLOCKED Users' Personal Information is prohibited.
Any person, entity, or service collecting data from CLOCKED must comply with the CLOCKED Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the CLOCKED Privacy Statement). If you collect any CLOCKED User's Personal Information from CLOCKED, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from CLOCKED, and you will respond promptly to complaints, removal requests, and "do not contact" requests from CLOCKED or CLOCKED Users.
7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other CLOCKED customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
8. User Protection
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
9. Subsidary Account Limit
We limit free accounts to 3 subsidary accounts on their account. Subscribed accounts have higher subsidary account limits. If we detect unnatural subsidary account behavior, we hold the right to temporarily block or remove subsidary accounts on your account.
D. User-Generated Content
1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public and private display or misuse of your User-Generated Content.
2. CLOCKED May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any CLOCKED terms or policies.
3. Ownership of Content, Right to Post, and License Grants
Any User-Generated Content uploaded which you did not create yourself or do not own the rights to, is against our Terms of Service. You must only submit Content that you have the right to upload; and that you will fully comply with any third party licenses relating to this Content.
4. Liability of User-Generated Content
You agree to be held responsible for any Content associated to your account. CLOCKED cannot be held responsible for improper or unlawful use of your "User-Generated Content".
5. Commercial Use
5.1 - CLOCKED does not grant any "Commercial Use" on the content available on the website.
5.2 - CLOCKED cannot be held responsible for any damages, costs or losses resulting from Content uploaded on the server.
F. Copyright Infringement and DMCA Policy
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on CLOCKED violates your rights, please contact us via email. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the accounts of infringers of this policy.
We will comply with all valid removal requests.
G. Payment
“Payment term” refers to the billing period and the selected subscription renewal period of your account.
1. Pricing
If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change.
2. Discounts, Promotions, Credits and Coupon Codes
• Discounts applied upon initial registration of your subscription will expire after the duration of the payment term.
• Credits, such as referral credits, applied to your active subscription will be automatically added to your next payment term. The value of these credits are calculated based on your base subscription price.
• Credits may only be redeemed on active subscriptions.
• Credits may only be redeemed once per payment term.
• It is your responsibility to redeem any credits when applicable.
3. Upgrades, Downgrades, and Changes
• We will immediately bill you when you upgrade from the free trial plan to any paying plan.
• If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately at the prorated rate.
• If you downgrade to a lower level of service, we will bill you for the downgraded plan immediately if applicable, or add the prorated credit value to your account, only redeemable on your next payment term.
• If you choose to downgrade your account, you may lose access to Content, features, subsidary accounts or capacity of your account.
4. Billing Schedule; Refunds
• For yearly or half-yearly payment plans, the Service is billed in advance on a yearly basis respectively. There will be no refunds or credits for partial period of service upon cancellation of any subscription for time unused with an open account; however, the service will remain active for the length of the paid billing period.
• We clearly state the benefits a paid account offers on our pricing page.
• We cannot offer refunds on new accounts.
• In order to treat everyone equally, no exceptions will be made.
There will be no downgrade refunds for time unused with an open account; however, prorated credits will be applied to your account applicable on your next payment term.
• We cannot offer refund of these credits.
• Credits may only be redeemed via subscription purchase or renewal.
4. Subscription Cancellation
• It is your responsibility to properly cancel your CLOCKED subscription. You can cancel your subscription at any time in your billing portal. After you approve the subscription cancellation, your account will remain active until the end of your payment term.
• You may manually re-activate your subscription to renew at the end of the payment term in your billing portal.
• Expired subscriptions which are not renewed will require the account to register for a new subscription if desired.
I. Cancellation and Termination
1. Account Cancellation
It is your responsibility to properly cancel your account with CLOCKED. You can cancel your account at any time in your settings.
2. Upon Cancellation
We will delete your account data from our server upon deletion of your account, unless your account is actively being investigated by law inforcements. We may retain basic information such as the email address associated to your account for our records.
3. CLOCKED May Terminate
CLOCKED has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. CLOCKED reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
J. Disclaimer of Warranties
CLOCKED provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
CLOCKED does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
K. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
• the use, disclosure, or display of your User-Generated Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• the accuracy of the data provided by the Service;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
L. Release and Indemnification
If you have a dispute with one or more Users, you agree to release CLOCKED from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that CLOCKED (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases CLOCKED of all liability); and (3) provides to you all reasonable assistance, at your expense.
M. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.