Conditions of Use

1) Scope

The following Terms of Use will come into force and apply to you at the time of registering with CLOCKIO and using the Service.

The following Terms of Use will apply exclusively to contracts entered into through this Website (clockio.net) and will comply with current legislation and, in particular, with Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

For the purposes of these terms, “User” means both companies and professionals. If the User is a natural person acting as a consumer (according to the definition of RDL 1/2007), the rights granted by said law will apply preferentially, including the right of withdrawal and the jurisdiction of their domicile.

2) Identification of the owner

This Website and the CLOCKIO application are owned by CLOCKIO HR, SL, with NIF: B55368062, whose contact details are as follows:

• Registered office: c/ Sant Maurici 24, 17740 - Vilafant, Girona (Spain)
• Contact telephone: +34 972 183 356
• Contact email: info@clockio.net

3) Purpose

These terms of use (hereinafter, the “Terms”) regulate the contracting of the services offered by CLOCKIO, all through the Website, as well as the rights and obligations of the parties derived from the service provision operations concluded between them.

4) Account creation and responsibilities

Only individuals over 18 years of age may create accounts in the CLOCKIO service. 

Accounts registered by “bots”, “AIs” or other automated methods are not permitted.

Upon registration, the User agrees to provide their full legal name, a valid email address, and any other information required to complete the registration process.

Account sharing is not permitted. A username may only be used by a single person. Shared logins by multiple people are not allowed.

The User is responsible for maintaining the security of their account, as well as the confidentiality of their password. CLOCKIO will not be liable for any loss or damage resulting from failure to comply with this security obligation.

The User is responsible for all content posted and all activity that occurs under their account (even when content is posted by others who have access to the account).

The User agrees not to use CLOCKIO for any illegal or unauthorized purpose. Their use must not violate any law in their jurisdiction (including, but not limited to, laws on time tracking/clocking of the working day, data protection law, and copyright laws).

5) Billing and method of payment

The User can make the payment for the Service via Credit Card or SEPA.

Users who use CLOCKIO in its free mode (15-DAY DEMO) are also required to provide billing information. In any case, nothing will be charged during this time.

Companies wishing to obtain invoices corresponding to each billing cycle must provide basic billing details such as Tax Identification Code (or equivalent depending on the country), company name, contact person, telephone number, city, and postal code.

Billing is calculated per active worker and selected plan in monthly periods, with the monthly period being calculated from the 23rd to the 23rd of each month.

In the event that the end of the DEMO does not coincide with the start of the billing period, an additional prorated invoice will be issued to balance the monthly payments.

6) Plan changes

When the User decides to change to a higher or lower plan, the prorated difference for the remainder of the calendar month will be charged, proceeding on the 23rd of the following month to the charge of the Service in the modality they have chosen.

Changes to a lower plan may cause the loss of content, features, and functionalities in the User's account. CLOCKIO is not responsible for such loss.

7) Right of withdrawal

You have the right to withdraw from this contract within a period of 14 calendar days without giving any reason, from the day following the contracting of CLOCKIO.

To exercise the right of withdrawal, you must notify CLOCKIO HR, SL, via postal mail to c/ Sant Maurici 24, 17740 Vilafant, Girona (Spain), via telephone at (+34) 972 183 356, or via email to info@clockio.net, of your decision to withdraw from the contract by means of an unequivocal statement.

To meet the withdrawal deadline, it is sufficient for the communication concerning your exercise of this right to be sent before the withdrawal period has expired.

Effects of withdrawal:

In the event of withdrawal by you, we will reimburse all payments received from you, without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of the reimbursement.

If you requested that the provision of services begin during the withdrawal period, you will pay us an amount proportional to what has already been provided up to the moment you communicated your withdrawal, in relation to the total coverage of the contract.

CLOCKIO reserves the right to refuse returns communicated or sent after the fixed deadline.

The return must meet all these conditions to be accepted. If there are any fees applicable to the return, these will be borne by the User.

8) Account suspension by the User

The User may not suspend their account; they may only request its cancellation.

If you cancel during the trial period (15-DAY DEMO), CLOCKIO will proceed to the immediate deletion of your account and your data. If you do not notify the cancellation of the Service before the 15 days of the free trial, recurring monthly billing will begin.

If you cancel after the trial period has ended, CLOCKIO will proceed to delete your account and your data after a short period of time (3 months).

It is the customer's responsibility to save the data registered in Clockio to comply with the law, which requires keeping the clocking records of workers for the last 4 years.

There is the possibility for the customer to pay a minimum monthly fee, as a database maintenance concept, so that Clockio keeps said data for 4 years.

Clockio will not be responsible for the loss of information if the customer does not want to, or stops, paying for said data maintenance service.

9) Account cancellation and termination

The User may request the cancellation of their account at any time, either from the CLOCKIO application, or by sending an email to info@clockio.net or calling (+34) 972 18 33 56.

Such cancellation will become effective at the end of the monthly billing cycle that has already been paid, provided that the cancellation request is received at least thirty (30) days prior to the date of the next renewal.

All account content will be deleted immediately upon cancellation. It will not be possible to recover information from an account once it has been cancelled.

CLOCKIO, in its sole discretion, has the right to suspend or cancel your account and refuse any and all current or future use of the Service, or any other CLOCKIO service, for any justified cause at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture of all content in your account. CLOCKIO reserves the right to refuse service to anyone for any justified cause at any time.

10) Modifications to the service and prices

CLOCKIO reserves the right to modify the Service. For substantial modifications, the User will be notified at least thirty (30) days in advance. CLOCKIO may interrupt the Service temporarily for maintenance (scheduled or emergency) or due to force majeure.

Prices of all services, including but not limited to monthly subscription plan fees, are subject to change upon thirty (30) days' notice from CLOCKIO. Such notice may be provided at any time by posting the changes to the Website, and/or within the Service itself.

CLOCKIO shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.

11) Pricing errors

If it is detected that an error has occurred in entering the price of a service after the contracting of said service, we will contact the User as soon as possible to inform them of the incident, and offer them the option of cancellation or maintenance under the correct conditions.

The sending of an automatic confirmation does not validate erroneous price conditions. In case of cancellation, any amount paid by the User will be refunded.

CLOCKIO makes every effort within its means to provide accurate information free of typographical errors on its Website.

12) User obligations

The user must make correct use of our services, becoming solely responsible for any possible damages that may be caused to CLOCKIO, or to third parties, due to their lack of diligence or malicious actions.

Through these terms, the User is responsible for the veracity and accuracy of the data and information provided to us as a result of the online sales contract.

CLOCKIO reserves the right to restrict or deny service to the User in the event of having evidence that said User has breached the terms of contract, the general terms of use of the Website, the Privacy Policy, as well as any other particular condition that may be agreed.

13) Limitation of Liability

To the maximum extent permitted by law, CLOCKIO, SL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use CLOCKIO; (ii) any interruption or cessation of transmission to or from CLOCKIO; (iii) any errors, viruses, trojan horses, or the like that may be transmitted through CLOCKIO by any third party. In no event shall the total and aggregate liability of CLOCKIO HR, SL for all claims related to CLOCKIO exceed the total amount of fees paid by the User to CLOCKIO during the three (3) months immediately preceding the event giving rise to the claim.

14) Disclaimer of Warranties

The Service is provided "as is" and "as available", without warranties of any kind. CLOCKIO HR, SL does not guarantee that the Service will be uninterrupted, secure, error-free, or that the stored data will be accurate or reliable. The User assumes all risk arising from the use of the Service.

15) Industrial and Intellectual Property

The services we provide for purchase through our Website are subject to copyright. In addition, those logos, brands, texts, icons, and other content subject to industrial and intellectual property rights are protected by the laws in force and applicable to the matter. CLOCKIO has obtained authorization from the holder of said rights to make use of these contents or materials.

The User retains all rights, titles, and interests in the data and information they publish or enter into CLOCKIO ("User Content"). By using the Service, the User grants CLOCKIO HR, SL a worldwide, non-exclusive, royalty-free, and revocable license to host, store, process, reproduce, and display the User Content for the sole purpose of operating, maintaining, and providing the CLOCKIO Service to the User.

16) Dispute resolution

Any conflicts that may arise between the User and CLOCKIO as a result of a breach of the contract terms shall be governed by the provisions of current legislation, with the rules of the Spanish Legal System being applicable. For Users acting as companies or professionals, both parties agree to submit any dispute to the Courts and Tribunals of the city of Girona (Spain), expressly waiving any other jurisdiction that might correspond to them. Users who have the legal status of consumers may exercise their rights before the competent courts of their town of residence.

If any of these terms is deemed null or unenforceable, such provision shall be deemed omitted and shall not affect the validity of the remaining provisions.

We inform you that there is a European platform for out-of-court online resolution of disputes concerning contractual obligations deriving from sales contracts or service contracts concluded online between a consumer and a trader resident in the European Union, through the intervention of an alternative resolution entity.

In the event of a dispute or breach of contract, you can submit an online claim on the portal set up for this purpose, accessing said platform from here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

17) Privacy policy

The privacy policy forms an integral and inseparable part of these Terms of Use. Acceptance of one implies acceptance of the other.