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Terms of use

Effective date 1 Jan 2024, Version 1.0.0



INITIAL PROVISIONS

  1. These Terms apply to all contractual relationships between 7Segments s.r.o seated at Skypark Offices, Bottova 2/A, Bratislava, SVK ("7Segments") and Customer.
  2. These Terms further incorporate the Data Processing Addendum annexed as Schedule 1, whereas the Data Processing Addendum forms an inseparable part of the Agreement.
  3. These Terms are subject to change. The current version is always available at https://teamday.ai/terms.
  4. By entering into the Agreement with teamday, You, the Customer, acknowledge that you have read and understood these Terms and agree to be bound by them.
  5. The Agreement will take precedence over any conflicting or inconsistent information included in other materials (e.g., promotional materials, mailers) on the teamday Platform. In the event of an inconsistency between these Terms and any other terms in an Order, the terms of the Order will prevail only to the extent of such conflict.

DEFINITIONS

  • Headings. Headings used in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect these Terms.
  1. In these Terms, unless the context requires otherwise, the words and expressions set out in this clause 2.2 shall have the meaning ascribed to them herein:
    • “User Account” means account created by Customer for User.
    • "Admin Account" means account created by Customer in order to utilize Service.
    • "Agreement" means these Terms, together with the Order which constitutes the terms and conditions under which is teamday willing to provide you with Service.
    • "teamday Platform" means the platform developed by teamday for work organization and collaboration.
    • "Confidential Information" means all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the circumstances surrounding disclosure ought reasonably to be treated as confidential.
    • "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession.
    • "Customer" means a third party which is identified in the Order.
    • "Customer Data" means any and all Data that teamday processes as a Processor on behalf of the Customer in course of providing Service under the Agreement. Customer Data does not include data that is processed by teamday as a Controller for its own purposes such as Usage Data.
    • "Documentation" means any documentation of teamday Platform that teamday may publish.
    • "Documents" means all files that can be stored in teamday Platform.
    • "Effective Date" means in case of Online Order the date of the Online Order and in case of Order Form the date specified in the Order Form.
    • "Fees" means the subscription fees that Customer shall pay teamday for Service.
    • “Module” means teamday Free, teamday Premium, teamday Enterprise or any other package that teamday offers via teamday Platform.
    • “Order” means either (i) online ordering process through which Customer submits ordering information e.g., which Module of Service Customer wants to use, the number of users and billing details (“Online Order”) or (ii) an order form executed between Customer and teamday detailing e.g., which Module of Service Customer wants to use, the number of users and billing details (“Order Form”).
    • "Parties" means either Party to the Agreement, either Customer or teamday, "Parties" means both Customer and teamday.
    • "Service" means access to the Module in teamday Platform that Customer has specified in the Order and that is provided subject to the terms agreed in the Agreement.
    • “Terms” means these Terms of Service.
    • "User" a user that is added to Service by Customer via Admin Account. User includes any individual or entity for which an email address or other identifier has been added to Service, even if suspended or not activated for, or active in, any features of the Service. Any access or use of Service by any User is considered use or access by Customer.

SERVICE

  • Service. Subject to these Terms teamday will make available the Modules of Service that are specifically described in the Order. Customer shall pay teamday Fees as set in the Order in line with the payment terms as set out in the Section 4 of these Terms. Customer shall use the Service only under the terms and conditions and way as prescribed in these Terms.
  • Sign-up. Customer may create its Admin Account via the sign-up option on teamday Platform.
  • User Accounts. Customer can create a User Account for each its Users to enable the Users to access teamday Platform. Each User Account needs to be allocated to a specific email address which may only be used by a single User. Service is not intended for Users under the age of 16 and Customer represents and warrants that no Users will be under the age of 16. Customer is responsible for ensuring that Users' use of Service complies with this Agreement.
  • Access to Service. Service is available only through electronic means and protected by login details that are needed to access the Admin/User Account.
  • Availability. teamday shall make Service available to Customer subject to any unavailability caused by circumstances beyond teamday’s reasonable control, including any Force Majeure Events as described in the Section 12.2 (Force Majeure) of this Agreement. Customer acknowledges that availability of Service depends on Customer’s compliance with the Limitations stipulated in the Section 5.2 of this Agreement. Therefore, exceeding of the Limitations may result in limitation or unavailability of Service. Service may be temporarily limited or interrupted due to maintenance, repair, modifications, upgrades or relocation. Unless otherwise agreed in the Agreement, teamday shall undertake reasonable endeavors to notify Customer of scheduled and unscheduled outages that are expected to take more than four (4) hours and that may affect Service.
  • Equipment. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use Service, including but not limited to modems, hardware, servers, software, operating systems, networking, web servers and the like.
  • Subcontractors. teamday may use subcontractors that provide certain parts of Service, while certain parts of Service may be subject to the additional terms of service.
  • Usage Data. Customer acknowledges and agrees that provision of the Service involves, and Customer authorizes teamday to: (a) collect usage data in connection with Customer’s/User’s use of the Service; (b) conduct Net Promoter Score and Customer satisfaction surveys, (c) release notes targeting and (d) use usage data, Net Promoter Score and Customer satisfaction data in connection with providing, analyzing, and improving Service;
  • Development. teamday Platform remains in constant development. Customer agrees that teamday may unilaterally remove or add new features to Service without any substitution or compensation to Customer.
  • Feedback. teamday may freely use and incorporate into the teamday Platform any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by Customer or any Users (such as via teamday's market research activities or customer support channels) relating to the use of Service.

FEES, PAYMENTS

  • teamday Free. If teamday offers a free version of Service without a Fee (“teamday Free”), Customers of teamday Free are entitled to have up to 100 Documents, use the personal note-taking feature, templates and other features as offered for teamday Free. No additional support is provided to teamday Free Customers.
  1. Fees. Customer will pay all Fees set forth in the Order without any offset or deduction and in the currency outlined in the Order. All Fees are non-refundable and payment obligations are non-cancellable.
  2. Fee calculation, High-Water Mark. Customer will pay teamday for all Users, at the applicable per-User Fees as set in the Order. The Fee for each started calendar month will be based on the maximum number of Users using Service at any time during the month (the “High-Water Mark” of Users).
  3. Yearly Subscription. If Customer has a yearly subscription or other than monthly subscription, all Fees will be invoiced in advance at the billing frequency specified in the applicable Order based on the number of Users specified in such Order (the “Committed Quantity” of Users). If the High-Water Mark of Users for Customer exceeds the applicable Committed Quantity in any month, teamday will invoice, and Customer will pay, the difference between each Committed Quantity and each High-Water Mark, based on the Fees calculation described in Section 4.3 (Fee calculation, High-Water Mark), for such month.
  4. Monthly Subscription. For monthly subscription, all Fees will be invoiced on a monthly basis in arrears (“Monthly Fees”). Full Monthly Fees will be charged for every full or partial calendar month that Service is used, based on the High-Water Marks for such months.
  5. Payment Agreement. All Fees are due to teamday immediately when the invoice is generated. All Fees to teamday are paid through the payment gateway available on teamday Platform. Claims for adjustment of any invoiced or charged Fees must
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