Terms of Service

Before you register with Productive.io, you must read and agree to this Terms of Service ("TOS"). By using the Productive.io services (the "Service"), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Infinum Inc. (“Infinum”, “Supplier”) and you (Customer).

Infinum may, in its sole discretion, modify or revise the TOS at any time without notice to Customer, and Customer agrees to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute Customer’s consent to such changes. You can review the most current version of the TOS at any time at: Terms of Service

Description of Service

Productive.io is a web-based time-tracking and business organization application (the "Service") from Infinum. Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet.

Eligibility

Customer must be a person (either natural or legal) or an entity with legal capacity.

Customer must provide their current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. Customer is responsible for maintaining the confidentiality of their Service password and account, and are responsible for all activities that occur thereunder. Infinum reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use

You (Customer) agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

- use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Infinum;

- use the Service for any fraudulent or inappropriate purpose; resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Infinum;

- use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.

Payment terms

By subscribing to a Service Plan, Customer shall be deemed to have agreed to the fees, rates and the billing cycle associated therewith.

The default billing cycle for any chargeable Service Plan is one month (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 the expiry of the trial period.

First-time subscribers to a chargeable Service Plan are normally granted a one-month free trial period, starting on the day of their subscription to the respective plan.

Payment for the Service is due in advance by the first day of each billing cycle and is usually effected by credit card, i.e. by Supplier's charging the credit card associated with Customer's User Account. 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.

All payments for the Service are handled by a third-party payment gateway, i.e. Supplier is not responsible for the processing of Customer's payments and shall not be liable for any matter in connection therewith.

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 cycle.

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.

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 levied on their purchase or use of the Service.

Modification to Fees and Services

Infinum reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.

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 and either terminate their use of the Service or subscribe to a different Service Plan. Customer's remaining subscribed to their Service Plan after any such change(s) shall constitute Customer's consent to the respective change(s).

Cancellation and Termination

Customer is solely responsible for the proper cancellation of their account. Customer may cancel their account at any time using the Service settings. An email or phone request to cancel your account is not considered cancellation. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Infinum may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Intellectual property rights

All Service-related Intellectual Property belongs and shall belong to Infinum. 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. Any rights not expressly granted herein shall be deemed withheld.

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.

Infinum respects the Intellectual Property of others and may, in its sole discretion, disable or close any User Account through which the rights of others are infringed.

Indemnification

You (Customer) agree to hold harmless and indemnify Infinum, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Infinum will provide you with written notice of such claim, suit or action.

The failure of Infinum to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you (Customer) and Infinum and govern your use of the Service, superceding any prior agreements between you (Customer) and Infinum (including, but not limited to, any prior versions of the TOS).

Modification and Suspension

You (Customer) acknowledge 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 consist in, 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 favor of Supplier; (iv) a significant corporate event, such as, e.g., Supplier's merger or acquisition or its reorganization into a different type of entity; (v) the ambiguity, inconsistency or unenforceability of a provision herein or its becoming out of date.

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 infinum.co or productive.io 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.

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).

If You (Customer) do not agree with the changes, or any particular change, that Infinum 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.

Infinum may discontinue providing the Service or any part thereof upon a month's notice and may, without notice, suspend 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.

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.

Termination

The Agreement between Infinum 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, and close their account.

Termination of the Agreement is normally deemed to have occurred by way of cancellation. If a Party wishes its termination of the Agreement to be construed as a withdrawal it must notify the other Party thereof.

Either Party may cancel the Agreement at any time -- Customer with or without notice and Supplier upon a month's notice.

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. 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, which the latter was entitled to hereunder.

Any termination of the Agreement shall be without prejudice to the Parties' rights and remedies that have accrued prior to the termination.

You (Customer) understand and agree that upon any termination of the Agreement: (i) all rights that you as a customer have been granted hereunder will terminate; (ii) Customer shall cease all activities authorized by the Agreement; (iii) they shall immediately disburse to Infinum 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 license or subscription fee, any content or other data associated with their account, or for anything else.