Last updated: September 21st, 2023
General disclaimer
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These terms were last updated 21/09/2023
What some words mean
So that we can be completely clear, here are some words we use which have specific meanings:
These terms and conditions apply to your access and use of The Service, which together with the Privacy Policy (which explains how we may use your personal data in relation to The Service), form the contract between you and us (“Terms of Service”). Please review these Terms of Service carefully before using The Service. These Terms of Service apply to your use of The Service and you agree to abide by these terms. No other terms are implied by trade, custom, practice or course of dealing.
How to apply: In order to access and use The Service, a Bowtie Master account must first be created. You can apply for a Bowtie Master account, or have an account set up on your behalf, by submitting, or by arranging to have submitted by a third party, your details on our “Bowtie Master” page on the website or by contacting us on support@bowtiemaster.com
Formation of a contract: If we accept an application for the creation of a Bowtie Master account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a Bowtie Master account to be created, you must ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you. If you are successful in obtaining a Bowtie Master account then we will send you a username and allow you to create a password. This is the only means of accessing your Bowtie Master account.
You must keep your Bowtie Master account login details confidential. You are responsible for all activities that occur under your Bowtie Master account.
If you know or suspect that anyone other than you knows your Bowtie Master account login details, please change your password immediately. If you have any concerns that your account may have been compromised or used for illegally by a third party, please notify us as soon as possible by emailing us at: support@bowtiemaster.com
We reserve the right to disable your Bowtie Master account at any time if we find out that your account is being used in a way that is not compliant with these Terms of Service.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a Bowtie Master account. Where an application for a Bowtie Master account has not been successful you will not be charged.
You must:
You must not:
The price for The Service will depend on the features you require and what type of Bowtie Master user you are.
We will always let you know in advance of any changes in our fees and will give you the opportunity to decide whether you want to continue using The Service prior to any increase in fees.
Payment: All prices quoted are in Pounds Sterling and exclude VAT, which is payable by you. All price information may be subject to change. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address..
Free trials and beta trials: You will not be charged for use of The Service during any ‘free trial’ period or any ‘beta trial’ period. Please be aware that the Account Holder cannot benefit from more than one ‘free trial’ – if we discover that more than one ‘free trial’ has been requested, the Account Holder will become liable for payment of any applicable subscription fee for use of The Service after the first ‘free trial’ period.
Once the trial period is over, we will not automatically renew the Account Holder’s subscription.
Non-payment: We shall be under no obligation to provide you with access to The Service if the subscription fee (plus VAT) or any other charge that you have agreed to pay us are not paid on time.
If subscription fees or other agreed charges become overdue, we reserve the right to suspend access to The Service until outstanding amounts are paid or close the Account Holder’s Bowtie Master account permanently.
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trademarks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities. We may also share your aggregated, de-identified data with select third-parties for research purposes, but otherwise we will only use your Data to provide The Service.
Rights in our software: All copyright, database rights, trademarks and other intellectual property rights in The Service are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder. You have no right to modify The Service and if you do then to the extent that you do this without our prior written consent, we shall own all the intellectual property rights in any modifications to The Service and you automatically assign absolutely with full title guarantee all such intellectual property rights to us.
Third party features: All copyright, database rights, trademarks and other intellectual property rights in any external data sources or embedded third party services used in Bowtie Master are the intellectual property of the relevant third party provider.
Ending Your Service: Should you wish to conclude your access and use of The Service prior to the termination of your annual subscription, please be advised that all fees associated with The Service are non-refundable. Your choice to commit to the annual service entails your understanding of this stipulation. Your commitment serves as an acknowledgement that you concur with this non-refundable policy. Should there arise any reasons to terminate your access due to violations of our Terms of Service, this non-refundable clause shall remain applicable.
Our Right to End Your Service: We reserve the right to conclude or suspend The Service you receive if we find, at our discretion, that you have failed to comply with any part of these Terms of Service or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with our provisions. We will always make reasonable efforts to inform you if we intend to terminate The Service, allowing you an opportunity to rectify the breach, unless such communication would cause legal liability or compromise our ability to provide The Service to our users.
Data Backup and Retention: At any point during your subscription, you can back up all of your data. Upon the termination of your subscription, and unless specifically directed otherwise by you, we will retain a secure backup of your data for a duration of 12 months. Should you require access to this data within the specified 12-month period, you have the right to request a backup. To facilitate this, please contact us at support@bowtiemaster.com and we will provide you with a backup of your data.
Dedication to Availability: We understand the significance of The Service to your operations. As such, we pledge a commitment to maintain an uptime of 99.9% for The Service each calendar month, barring scheduled maintenance and unforeseen force majeure events.
These credits can be utilised against future invoices or services. We wish to underline, however, that the maximum credit attainable for any calendar month shall not surpass 20% of the monthly subscription fee.
Scheduled Maintenance: Periodic upkeep is crucial to ensure that The Service remains optimal for your use. We will proactively notify you at least seventy-two (72) hours in advance for any planned maintenance. We aim to schedule such activities during times least likely to interfere with your use of The Service.
Reach Out with Concerns: We value our relationship with you. Should you have any issues or concerns regarding The Service’s availability, please promptly communicate with us at: support@bowtiemaster.com. It is our utmost priority to ensure that your experience with The Service remains seamless.
We do not guarantee that your use of The Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access The Service. You should use your own virus protection software.
You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to The Service. We also do not permit attempts to gain unauthorised access to The Service, the server on which The Service may be stored or any server, computer, database connected to The Service or the attachment of the website via a denial-of-service attack or a distributed denial-of-service attack.
Anyone involved in the above mentioned activities will be restricted from using The Service and is at risk of having committed a criminal offence under the Computer Misuse Act 1990. If we become aware of any such activities, we will report to the relevant law enforcement authorities and share the identity of those involved.
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
We offer Application Program Interfaces (“API”s) for some of our Services (currently for Enterprise License accounts). Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:
1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional engineer or safety engineer and any information presented does not constitute engineering or safety engineering advice.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of the possibility) including the following losses (whether direct or indirect): loss of profit; loss of anticipated savings; loss of sales or business; loss of or damage to goodwill; loss of use or corruption of software, data or information; and indirect and consequential loss.
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service shall not exceed a total aggregate amount equal to the subscription fees which the Account Holder has paid to us in the previous month (or the relevant third party on their behalf).
Liability to us: If you access The Service using a password created to control access to the Account Holder’s Bowtie Master account, then the Account Holder shall be held liable for any reasonable costs, losses and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
Entire agreement: These Terms of Service describe the entire agreement between you, the Account Holder and us regarding The Service, and supersede and extinguish any prior understandings or agreements.
Changes to this contract: We may need to change these Terms of Service from time to time. Changes to the terms will be posted on our website and updated on our App. We will notify you of any material changes to our Terms of Service by sending you an email with details of the change or notifying you of a change next time you use The Service following a change to these terms. Material changes include changes to the price and payment terms. Changes to the Terms of Service will be effective immediately. If you do not agree to changes to the terms and conditions you can end your contract with us (Please see ‘Closing a Bowtie Master account’ section for more information). Please ensure that you review any updates to these Terms of Service before continuing to use The Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to The Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.
Interpretation: The following rules of interpretation apply to these Terms of Service: