These Terms of Service ("Terms") govern your use of TimeTally ("Service", "App"), a time tracking application for Jira provided by TimeTally ("we", "us", "our"). By installing or using TimeTally, you ("you", "your", "Customer") agree to be bound by these Terms.
1. Acceptance of Terms
By installing, accessing, or using TimeTally, you agree to:
Response time: Best effort, typically within 2 business days
8. Data Ownership and Backup
8.1 Your Data
You retain all ownership rights to the time tracking data you create using TimeTally.
8.2 Backup Responsibility
You are responsible for regularly exporting your data via the CSV export feature. We are not responsible for data loss.
8.3 Our Use of Data
We may use anonymized, aggregated data to improve the Service. See our Privacy Policy for details.
9. Intellectual Property
9.1 Our Ownership
We retain all rights, title, and interest in:
The TimeTally application and code
Our trademarks, logos, and branding
Documentation and support materials
9.2 Feedback
Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.
10. Modifications to Service
We reserve the right to:
Modify, suspend, or discontinue features with reasonable notice
Update the app with bug fixes, improvements, and new features
Change system requirements
Retire the Service with 90 days notice
11. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY
12. Limitation of Liability
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
SERVICE INTERRUPTIONS
INACCURATE TIME TRACKING
12.2 Cap on Liability
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
$100 USD
12.3 Exceptions
These limitations do not apply to:
Our gross negligence or willful misconduct
Our breach of confidentiality obligations
Liability that cannot be limited by law
13. Indemnification
You agree to indemnify, defend, and hold harmless TimeTally and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:
Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Your time entry content or data
14. Termination
14.1 By You
You may terminate by having your Jira administrator uninstall the app at any time.
14.2 By Us
We may suspend or terminate your access if you:
Violate these Terms
Fail to pay applicable fees
Engage in fraudulent or illegal activity
14.3 Effect of Termination
Upon termination:
Your license to use TimeTally ends immediately
Your data will be deleted within 24 hours (unless export is requested)
Provisions that should survive termination (Sections 11-14, 16-18) will survive
15. Dispute Resolution
15.1 Informal Resolution
Before filing a formal dispute, you agree to contact us at hello@quiicks1lver.dev to attempt informal resolution for at least 30 days.
15.2 Binding Arbitration
Any disputes not resolved informally shall be resolved through binding arbitration in San Francisco, California, USA, administered by JAMS under its Streamlined Arbitration Rules.
15.3 Exceptions
Either party may seek injunctive relief in court for:
Intellectual property infringement
Breach of confidentiality
Unauthorized access or use
15.4 Class Action Waiver
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
16. Governing Law
These Terms are governed by the laws of California, USA, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and TimeTally regarding the Service.
17.2 Severability
If any provision is found unenforceable, the remaining provisions continue in full force and effect.
17.3 Waiver
Our failure to enforce any provision does not waive our right to enforce it later.
17.4 Assignment
You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.