Terms of Service
The following terms and conditions (the “Agreement”) govern all use of the Backlsh.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is real-time time tracking service that analyzes productivity. The Service is owned and operated by Backlsh.
If you are a company, organization, institution, head of group of people, etc. (mostly the one who pays for the Service), you are referred to as a “Client”. If you are the end-user of the Service, you are referred to as a “User”. The Agreement is binding to Backlsh and to you (Client and/or User).
The Service is offered subject to your acceptance of the Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by Backlsh– including, without limitation, Privacy Policy and others. If you do not agree to the Agreement or any part of it, do not use the Site and the Service.
Registration
In order to enjoy all the benefits of Backlsh, you must register on the Site (including by filling-out all required personal information). You may cancel your subscription at any time. To complete registration, you shall provide an email address and a password. Before the use of the Service, you will need to download and install the software on all of your workstations. You shall never use another’s Backlsh account without permission from that User. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Backlsh immediately of any breach of security or unauthorized use of your account. Although Backlsh will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of Backlsh or others due to such unauthorized use. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Backlsh may change, suspend or discontinue the Services, fees, charges, etc. at any time, including the availability of any feature. Backlsh may also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. You certify to Backlsh that you have full power and authority to enter into the Agreement and if registering on behalf of a company or other entity, that you have been conferred full authority to bind your principal or company. If you are an individual (i.e., not a company), you shall be at least 18 years of age. You also certify you are legally permitted to use the Service, and you take full responsibility for the selection and use of the Service.
Use of Servcie
You hereby acknowledge that you shall use the Service solely for lawful purposes and complying with the Agreement. Violation of any of the terms will result in the termination of your account. Backlsh will not be responsible for the content posted on the Service. You agree to use the Service at your own risk. The Service is provided on an “as is” and “as available” basis. Backlsh shall not be liable on any age restrictions to apply to the use of the Service. You acknowledge that you have the required legal capacity to use the Service and be liable on execution of the Agreement. You must not violate any laws in your jurisdiction.
If you do not comply with these provisions or abuse the Service, Backlsh has a full discretion to delete or block your account at any time, without prior notice and explanation and as a contractual penalty to retain the amount you paid for the Service. In this event you shall not have the right for compensation, or receipt of any compensation for your purchases at Backlsh.
You agree that you will not: impersonate any person, violate any local, state, or national law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in the Agreement; reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, including use of the Service, or access to the Service.
Modifications
Backlsh reserves the right, at its discretion, to modify this Agreement, the Service, fees, charges, terms, etc. at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such modification constitutes your acceptance of changes as modified.
Payment & Fees
Backlsh may save your credit card information and use it for all future charges, which will automatically be charged, unless you notify us. For recurring fees, Backlsh will charge you each billing period. When Client use a Service that has a fee, the Client will be charged then current fees, which we may change from time to time. Backlsh reserves the right to change its Payment methods.
By filling your payment information through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilise the card to effect payment.
The Service is billed in advance and the pre-payment is non-refundable. There will be no refunds or credits for partial months of Service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
You can choose either monthly or yearly billing cycle. With the monthly cycle you will be charged month to month and with the yearly cycle you will be charged only each year. A new monthly cycle starts every month on the first date and ends with the last day of the month. Yearly billing cycle begins on the day you made the subscription or when the free trial expires and ends the same day of the following year. For any update in plan level, we will immediately charge the difference in plan cost, prorated for the remaining time in your billing cycle. For any downgrade in plan level, we will automatically charge you the new rate on your next billing cycle.
We may refuse to process a transaction for any reason or refuse the Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun. Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services.
If you cancel your subscription or your account is deleted, Backlsh will not refund any fees that may have accrued before the termination.
Trade Mark
If you use any of our trade marks in reference to our Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or Services (including the Site).
All software, visual and textual content, along with Backlsh created texts, scripts, graphics, interactive features and trademarks, service marks and logos are owned by or licensed to Backlsh, and protected subject to copyright and other intellectual property rights under US, EU, foreign laws and international conventions. You may not display or use the Backlsh marks or any intellectual property owed by Backlsh in any manner without Backlsh prior written consent.
General
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with User’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. Backlsh reserves the right at its sole discretion to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
