1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Barlancer Ltd. ("Barlancer," "we," "us," or "our") governing your access to and use of the Barlancer time planning and tracking service, including our website at www.barlancer.com, mobile applications, and any associated services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
You represent and warrant that you are of legal age to form a binding contract with Barlancer and meet all eligibility requirements. If you are accessing or using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Subscription" means the recurring payment arrangement for access to the Services.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
- "Time Data" means information related to a User's time planning, tracking, and management activities within the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 16 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 16 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Subscription and Payment
4.1 Subscription Plans
Barlancer offers various subscription plans, including a free tier with limited features and paid tiers with additional features. Details of current subscription plans and their features are available on our website.
4.2 Free Trial
We may offer a free trial period for certain subscription plans. At the end of the trial period, you will be automatically charged for the subscription unless you cancel before the trial period ends.
4.3 Payment Terms
By subscribing to a paid plan, you agree to pay all fees associated with your subscription. Payments are non-refundable except as expressly stated in these Terms or as required by applicable law.
For recurring subscriptions, you authorize us to charge your payment method on a recurring basis for the subscription term you select. Prices are subject to change with notice. We will notify you of any price changes before they take effect.
4.4 Taxes
All fees and charges are exclusive of applicable taxes. You are responsible for paying all taxes associated with your subscription, excluding taxes based on Barlancer's net income.
4.5 Cancellation
You may cancel your subscription at any time through your Account settings or by contacting customer support. Upon cancellation, your subscription will remain active until the end of the current billing period, after which it will not renew.
5. Services and Support
5.1 Service Description
Barlancer provides time planning and tracking tools designed to help individuals and teams manage their time more effectively. The specific features available to you depend on your subscription plan.
5.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
5.3 Support Services
We provide customer support as specified in your subscription plan. Support is provided primarily via email and in-app messaging. Response times may vary based on the nature of the issue and your subscription level.
5.4 Service Availability
While we strive to provide reliable Services, we do not guarantee that the Services will be available at all times or that they will be error-free. We reserve the right to perform maintenance as needed, which may temporarily impact service availability.
6. Content and Intellectual Property
6.1 Barlancer Content
The Services contain Content owned or licensed by Barlancer, including but not limited to software, design, text, graphics, interfaces, logos, and icons. This Content is protected by copyright, trademark, and other intellectual property laws. Barlancer grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services and Content for their intended purposes in accordance with these Terms.
6.2 User Content
You retain ownership of any User Content you submit to the Services. By submitting User Content, you grant Barlancer a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content for the purpose of providing and improving the Services.
You represent and warrant that:
- You own or have the necessary rights to the User Content you submit
- The User Content does not infringe on the intellectual property rights or other rights of any third party
- The User Content complies with these Terms and all applicable laws
6.3 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant Barlancer the right to use such feedback without restriction and without compensation to you.
6.4 Time Data
You retain ownership of your Time Data. Barlancer may use aggregated and anonymized Time Data for analytical purposes, service improvement, and industry benchmarking.
7. Prohibited Uses
You agree not to use the Services to:
- Violate any law, regulation, or these Terms
- Infringe on the intellectual property rights of others
- Submit false or misleading information
- Upload or transmit viruses, malware, or other harmful code
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any part of the Services
- Use the Services to collect or harvest personal information
- Use the Services for any illegal or unauthorized purpose
- Engage in any activity that could damage, disable, overburden, or impair the Services
8. Termination
8.1 Termination by You
You may terminate your Account and subscription at any time by following the instructions in your Account settings or by contacting customer support. Upon termination, your access to the Services will end at the conclusion of your current billing period.
8.2 Termination by Barlancer
We may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
8.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. If your Account is terminated due to your breach of these Terms, you may not register a new Account without our permission.
8.4 Data Retention and Deletion
After termination, we may retain your data for a limited period as required by law or for legitimate business purposes. You may request deletion of your data by contacting us, subject to our legal obligations and legitimate business interests.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
BARLANCER DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BARLANCER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT SHALL BARLANCER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO BARLANCER FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless Barlancer, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
If you are a consumer and have your habitual residence in the European Union, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.
13. Dispute Resolution
13.1 Informal Resolution
Before filing a claim against Barlancer, you agree to attempt to resolve the dispute informally by contacting us at legal@barlancer.com. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within 30 days after submission, you or Barlancer may proceed with filing a formal claim.
13.2 Forum
Any legal action or proceeding arising out of or relating to these Terms shall be instituted in the courts of Barcelona, Spain, and you irrevocably submit to the jurisdiction of such courts in any such action or proceeding.
13.3 EU Dispute Resolution
If you are a consumer based in the European Union, you may also access the European Commission's online dispute resolution platform. This platform is developed to help consumers who have purchased goods or services online to resolve disputes without going to court.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
For material changes affecting your rights or obligations, we will provide advance notice through the Services or via email. If you do not agree to the revised Terms, you should discontinue your use of the Services.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Barlancer concerning the Services.
15.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
15.5 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
