Terms and conditions

1. Account Creation

1.1 You certify that you have reached the age of majority according to the laws of your country of residence.

1.2 The creation of a "User" account is free of charge and requires a valid email address. Validation of the creation confirmation sent to the used email address is mandatory.

1.3 When creating a "Company" account, you certify that you are duly authorized to contractually and financially bind your company. Invoicing for the use of Contracktime services is exclusively the responsibility of the company. The creation of a Company account requires a valid email address. Validation of the creation confirmation sent to the used email address is mandatory.

2. Data Management

2.1 When you create a user account, you agree that:

2.1.1 The following information shall be visible to all Contracktime® client companies: your username/pseudonym chosen during account creation, as well as a partial display of your email address (domain extension only, e.g., @company.com).

2.1.2 When a company adds you to its users, it shall have access to your last name, first name, username, full email address, and potentially your phone number, if provided.

2.2 When you create a Company account, the data is not accessible to other users or other Contracktime® client companies.

2.3 As a user, you agree that the data you record on a company's account belongs to that company, even after the termination of your professional, contractual, or any other relationship, for whatever reason.

2.4 Forest CM recognizes the strictly confidential nature of all data communicated to it and undertakes to process the data received in compliance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR), as transposed into Belgian law by the Act of July 30, 2018.

2.5 In this regard, it is specified that the parties reciprocally process their identity data and contact details, as well as those of their potential (sub)processors, personnel, collaborators, agents, and any other relevant contact person. The purpose of this processing is the execution of this agreement. Data processing is necessary for the operation of the Contracktime® solution.

2.6 Under GDPR regulations, it is understood that the client company ("Company Account") is the sole Data Controller, and Forest CM is solely a Data Processor.

2.7 Forest CM undertakes to process the aforementioned personal data honestly and only for the stated purposes, with the utmost discretion and in accordance with GDPR provisions.

2.8 Forest CM will impose the same confidentiality and data protection obligations on any potential sub-processor it collaborates with.

2.9 For cloud computing services, Forest CM undertakes to use only servers located within the European Economic Area (EEA).

2.10 You undertake to take all precautions for use, including performing parallel backups of data such as, but not limited to: emails, meeting minutes, schedule files, price items, etc.

2.11 Specific Case of Emails:

2.11.1 You can connect your Contracktime account directly to your Microsoft Outlook or Google Gmail account. You must use the same email address. This connection allows you to view your emails directly in the application. Contracktime only displays the emails and does not automatically back up or copy all your emails. Manual action by the user is required to save an email; however, you consent to Contracktime automatically saving the entire conversation thread (parent and/or child emails) of a manually saved/copied email.

2.11.2 If you install the Contracktime add-in for Outlook or Gmail locally, the add-in also only allows manual saving; however, you consent to the automatic saving of the entire conversation thread as described above.

2.12 Data Protection

2.12.1 Contracktime uses a global Web Application Firewall (WAF) named contracktime-generic-owasp-acl. It includes ten OWASP rules designed to protect the application against threats such as SQL injection, XSS, and CSRF.

2.12.2 The primary data collected is email. These are stored securely using encryption and access controls.

2.12.3 The system does not currently support a specific data retention period, as the application involves collaborative data shared between different users.

2.12.4 By archiving emails, Contracktime will have access to:

• Email ID
• Conversation ID
• Distribution List
• Subject
• Body Text
• Attachments

2.12.5 Personal data and Outlook/Gmail data will only be visible to client companies you are or have been associated with.

2.12.6 Contracktime does not share or transfer your data to any third-party company.

3. Account and Data Deletion

3.1 User Account Deletion:

3.1.1 Effective immediately; you will lose access to the data of associated companies.

3.1.2 Your username and partial email will no longer appear in the Contracktime user list.

3.1.3 Personal data will be:

3.1.3.1 Permanently deleted if not associated with an active client company.

3.1.3.2 Retained within the environment of an active client company until the expiration of its contract with Contracktime if you are/were associated with them.

3.2 Company Account Deletion:

3.2.1 Effective at the end of the last billing period. You must back up your data beforehand. If you simply suspend the service, you retain read-only access for free.

3.2.2 Final deletion occurs 60 days after the last payment. You have 60 days to request reactivation. After this, data is permanently erased. A deletion certificate can be issued upon request.

4. User Management

4.1 Adding Users

The company selects users from the Contracktime community. The user must validate the request via email. The company is solely responsible for assigning or withdrawing access rights. A user can be associated with multiple companies; data remains segregated between them. The association does not constitute an employment contract.

4.2 Deleting Users

The company can remove a user, who will then lose all access. The company retains access to data recorded by that user during the collaboration.

4.3 Team Management

4.3.1 Team Creation

Within your Company account profile, under the "Team Management" tab, you have the option to create a team of users for each project created. A user must be a member of the project team to access the project's data.

4.3.2 Selection of Team Members

You may only designate as a team member a user who has previously been associated with your company. For each project, you select members from among your users. A user can be a member of several projects at the same time.

4.3.3 Removing a Member

You may remove a member from a project team at any time. The user will no longer have access to the project data but will remain associated with your company. If you subsequently wish to remove them from your company entirely, you can do so under the "User Management" tab in your business profile.

5. Intellectual Property and Data Ownership

5.1 The website, web application, and add-ins are the exclusive property of Forest CM SRL. No ownership rights are transferred, only a non-exclusive right of use.

5.2 The Client retains full ownership of the data they host/generate. Forest CM reserves the right to duplicate it for hosting and backup purposes.

5.3 All Intellectual Property rights related to the Solution, interfaces, and documentation remain with Forest CM.

5.4 The Client is liable for consequences of third-party or user intervention on the Solution and shall indemnify Forest CM against any resulting damages or legal costs.

5.5 Forest CM reserves the right to publish, duplicate, and store data exposed publicly by the Client through the Solution's features.

5.6 You agree that Forest CM may use your name and logo in a portfolio for promotional purposes.

6. License Grant

6.1 Forest CM grants a personal, non-exclusive, non-transferable, and revocable license to use the Product on professional devices.

6.2 Reverse engineering, copying, or decompiling the software is strictly prohibited.

6.3 You may not rent, sell, or sub-license the application to any third party.

6.4 Any unauthorized use constitutes an infringement and a criminal offense under Intellectual Property laws.

7. Pricing

7.1 Fees are based on the number of active users and storage volume. Billing occurs at the end of each month. There is no pro-rata billing. Inactive projects have read-only access for 12 months.

7.2 Prices are exclusive of VAT.

7.3 Subscriptions can be modified or canceled via the billing panel. Modifications are immediate; cancellations take effect at the end of the current period.

7.4 Forest CM may revise prices with 30 days' notice.

7.5 Payments are due within 15 days. Late payments incur 12% annual interest and a 10% penalty fee, without prejudice to Forest CM's right to suspend service.

8. Service Availability

8.1 Forest CM undertakes to deploy all necessary means to ensure the continuity and quality of access to the solution.

8.2 However, Forest CM reserves the right to restrict access to the Solution, in whole or in part, for maintenance purposes.

8.3 Forest CM shall inform the Client of such maintenance operations via email sent to the address registered to the business and/or user account.

9. Obligations and Responsibilities of the Client and the User

9.1 For the purposes of this agreement, "User" is defined as any person acting through either a user account or a business account.

9.2 The Client alone determines which internal individuals have access to the Service via the user management functionality of its business account. It is the Client's sole responsibility to designate who has access to the business account and, ultimately, who is authorized to financially commit the Client.

9.3 The Client operates the IT solution made available through the Service independently and under its own sole responsibility.

9.4 The Client and the User are required to use the Service in compliance with all applicable laws.

9.5 In particular, the Client and the User must refrain from using the Service:

• To store any illegal content (including but not limited to pornographic, racist, or extremist content) or to store information that infringes upon the intellectual property rights of third parties (music, photos, films, literary works, software, video games, etc.)
• To engage in spamming on the internet or to perform any intrusion or attempted intrusion activities originating from the Service (such as port scanning, sniffing, spoofing, etc.)

9.6 The Client and the User shall refrain from any attempt to retrieve the license keys used by the Provider in the performance of the Contract.

9.7 The Client and the User may not assign, lend, or disclose — whether voluntarily or involuntarily due to negligence or lack of necessary precaution — their Login Codes, nor those of other users, as the case may be.

9.8 The Client and the User are required to provide the Provider with accurate, complete, and up-to-date information.

9.9 The Client shall ensure that all Users use the Service and Login Codes in accordance with these terms and conditions.

9.10 The Client and the User shall indemnify and hold the Provider harmless against any third-party action related to a use of the Service that violates these general terms and conditions or the law.

10. Termination

10.1 Termination at the Client's Initiative

10.1.1 The Client may terminate the contract by simply deleting their user account and/or business account (see Article 3 above).

10.1.2 Forest CM shall be entitled to payment for services rendered up to the date of effective termination, which shall occur at the end of the final payment period.

10.2 Termination at Forest CM's Initiative

10.2.1 In the event of a material breach by the Client (User and/or Company) of any obligation under the contract, Forest CM may issue a formal notice via email, requiring the breach to be remedied within a maximum period of one (1) month, expressly citing this clause.

10.2.2 Forest CM also reserves the right to suspend access to the solution without notice in the event of legitimate suspicion of fraudulent use or attempted fraudulent use of the Solution.

10.2.3 If the breach or breaches are not remedied within the one (1) month period, the contract shall be deemed automatically terminated without further notice or judicial formality.

10.2.4 Termination of this contract due to the Client's failure to perform its contractual obligations shall automatically and by right result in the forfeiture of the term for all sums owed by the Client to Forest CM, including sums due under contractual commitments, which shall become immediately due and payable.

11. Insurance

11.1 Forest CM has taken out a "Professional General Liability" insurance policy covering third parties against any bodily injury, property damage, and consequential loss up to a maximum of €250,000 per claim and per insurance year, for all bodily, material, and immaterial damages combined.

11.2 It is expressly understood that this amount constitutes the maximum limit of Forest CM's liability, even if the actual damage suffered exceeds this amount.

12. Amendments

12.1 Forest CM may modify these terms, notifying the Client at least 8 days before they take effect.

13. Communication

13.1 The Client undertakes to maintain a functional contact email address and to check it on a regular basis. Forest CM shall conduct all official communications exclusively through this email address.

14. Support

14.1 Requests can be made via the contact form on www.contracktime.com.

14.2 Support is available Monday to Friday, 9:00 AM to 6:00 PM (UTC+1), excluding specific public holidays.

15. Governing Law

15.1 These terms are governed by Belgian law. In the event of a dispute, only the courts of Forest CM's registered office shall have jurisdiction.

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