Last revision: March 23, 2021
PLEASE READ THIS TERMS OF SERVICE (TOS) BEFORE USING FJORDHUB.COM SERVICES. BY ACCESSING OR USING FJORDHUB.COM WORKFORCE MANAGEMENT PLATFORM AND RELATED SERVICES, OR BY PAYING ANY INVOICE ISSUED BY THE PROVIDER, YOU ("THE CLIENT") SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS TOS. IF YOU DO NOT AGREE, DO NOT ACCESS, USE, OR PAY FOR THE SERVICES. IF THE PARTIES HAVE A FULLY EXECUTED TOS THAT EXPRESSLY GOVERNS ORDERS FOR FJORDHUB.COM SOFTWARE AS A SERVICE AGREEMENT, SUCH AGREEMENT SHALL SUPERSEDE THIS TOS.
1.1. "Administrator User" - each client user designated by the Provider as a technical administrator user within the scope of the product.
1.2. "Personal Data" - all data and information about users provided by the Client to the Provider, which are necessary for using the platform.
1.3. "Documentation" - includes user manuals and other types of information describing the use of the platform.
1.4. "Server" - the server on which the platform software is installed, and which belongs to the Provider or its subcontractors.
1.5. "Technical Support" - refers to the technical support provided by the Provider to the Client under this Terms of Service (ToS).
1.6. "Other Assistance" - includes any non-technical assistance provided by the Provider to the Client under this ToS, subject to mutual agreement between the Provider and the Client.
1.7. "Offer" - a written document shared and accepted separately from this ToS, providing information on the costs of the services specified in the ToS.
1.8. "Software" - any version of software code to which the Provider has granted access to the Client, including updates or new versions.
1.9. "Software as a Service" - refers to a specific internet-accessible service mentioned in the offer, providing the Client with access to the Provider's software for a specified period.
1.10. "Service Usage Period" - the time specified in the offer, during which the Client has online access to FjordHub software and services. The usage period will be renewed after 12 months unless either party submits a written notice of non-extension to the other party at least 30 days before the current service signing deadline.
2.1. The Provider grants the Client access to the time-tracking and planning platform, FjordHub.com, on an "as-is" basis. The service includes the installation of the product, equipment, and technical support if necessary.
2.2. During the service usage, the Client will receive non-exclusive, non-transferable access to FjordHub services and can use these services only for internal business purposes covered by this ToS.
2.3. If necessary, the Client agrees with the Provider on additional features, integrations, and customizations prepared by the Provider and sent electronically to the Client in the form of an offer.
2.4. The Client is aware that this service is provided as a service, and the Provider will not deliver software copies under this ToS.
3.1. Copy or distribute the platform and the information contained therein specified in the ToS.
3.2. Allow unauthorized or third-party access to the platform and the information contained therein, except for the Client's users.
3.3. Modify or remove any copyright, trademarks, or other proprietary information contained in the software.
3.4. Modify, decompile, reverse engineer, or attempt to obtain the source code from the software used for platform operation, except when such actions are required by the legislation of the Republic of Latvia or agreed upon in writing by the Client and the Provider.
3.5. Access the software specified in the ToS or use the information contained therein to create a similar or competitive product.
4.1. The Provider will provide the services specified in this ToS.
4.2. The Provider shall be entitled to compensation for additional service expenses only if the parties have previously agreed in writing.
4.3. The Provider is obligated to coordinate the materials used in the service (their value, quantity, quality, and other parameters) with the Client.
4.4. The Provider is obligated to process and use the Client's personal data according to the requirements specified in Appendix No. 1.
5.1. The Provider will ensure the service availability of 99.5% of the time for each calendar quarter.
5.2. Unavailability includes unplanned system disruptions when it is not available to users, moderators, and administrators.
5.3. Exceptions to unavailability are planned system improvements or service work notified at least 7 days in advance.
5.4. Availability guarantees do not apply to conditions beyond the reasonable control of the Provider, including DDoS attacks, force majeure, and network-related issues beyond the demarcation point of Service – regional or national-level internet losses.
5.5. If the Provider is responsible for the failure to provide the service availability as specified in point 5.1, the Provider shall reduce the monthly fee proportionally according to the table below:
Service availability during the calendar quarter - Discount to the monthly fee:
Availability will be reviewed at the end of each quarter, and the discount will be applied if applicable.
6.1. The Client agrees to accept and pay for the services provided by the Provider in the manner and within the terms specified in this ToS.
6.2. The Client provides the necessary information to the Provider for the fulfillment of the service, including information about the required technical and other data necessary for the Provider's service execution.
6.3. The Client must accept the services provided by the Provider with a service acceptance and handover act if they comply with this ToS.
6.4. The Client complies with all national and international laws related to the product and its use, as well as international laws related to data privacy, communication, or personal data use.
6.5. The Client agrees to immediately inform the Provider about any issues or disruptions related to the service.
7.1. The Provider will provide technical support to the Client during the service usage period via support email at support@fjordhub.com.
7.2. The Provider will make reasonable efforts to respond to support inquiries from the Client in a timely manner. However, please note that response times and resolution times are not guaranteed.
7.3. The resolution of technical issues may vary depending on their complexity and nature. The Provider will use commercially reasonable efforts to address and resolve technical issues reported by the Client.
7.4. The Client acknowledges that the service availability and related discounts, as outlined in point 5, are the primary mechanism for ensuring the overall performance and reliability of the platform. The Client understands that the Provider's technical support is designed to aid and guidance but does not guarantee immediate issue resolution.
7.5. The Provider may, at its sole discretion, offer additional premium support plans with specific service levels and response times. If the Client chooses to subscribe to such premium support plans, the terms and conditions of the chosen plan will be outlined separately in an addendum to this ToS.
8.1. The Client shall pay the service fees specified in the offer to the Provider within the agreed time frames in the offer, or monthly based on actual usage of the platform.
8.2. The Provider reserves the right to adjust the service fees unilaterally. The Client will be notified of any changes to the service fees with a minimum of 30 days prior notice.
8.3. Acceptance by Payment: By paying any invoice issued by FjordHub, the Client agrees to be bound by the most current version of these Terms of Service. No further written agreement shall be required unless separately negotiated and signed by both parties.
9.1. Both parties agree to keep confidential any information exchanged between them during the term of this ToS.
10.1. The Provider shall not be liable for any indirect, special, or consequential damages arising out of the use of the platform.
10.2. The Client shall indemnify and hold the Provider harmless from any claims, losses, or damages arising out of the Client's use of the platform.
11.1. The Client has the right to terminate the service at any time by providing written notice to the Provider that will also invoke any client data deletion in 30 days' time frame after such notification.
11.2. The Provider reserves the right to terminate the service or suspend the Client's access to the platform in case of a breach of the terms outlined in this ToS.
12.1. The Provider will process and store the Client's personal data only as necessary for the performance of services under this ToS and in accordance with applicable laws, including the General Data Protection Regulation (EU) 2016/679 (GDPR) and national legislation.
12.2. Data collected may include personal information such as names, email addresses, geolocation, IP addresses, device/browser details, and usage patterns.
12.3. Location data may be collected via the FjordHub mobile application with the user's consent, and such data may be used to tailor and improve services.
12.4. The Provider uses cookies and similar technologies for functionality, analytics, and marketing purposes as described in its Cookie Policy.
12.5. Data will be retained only for as long as necessary to fulfill the purposes for which it was collected or as required by law (e.g., accounting and regulatory retention).
12.6. The Services are not intended for individuals under the age of 13. If the Provider becomes aware of any such data collection, it will be deleted without undue delay.
12.7. The Provider may use third-party service providers for hosting and analytics under confidentiality agreements and only for the scope required to provide services.
12.8. The Client may contact support@fjordhub.com for inquiries related to their personal data, access, corrections, or deletion requests in accordance with applicable laws.
12.9. The Client acknowledges that the collection, use, and protection of personal data is governed by the FjordHub Privacy Policy, available at Privacy Policy, which forms an integral part of this ToS.