Terms & Conditions
Last updated March 1st, 2023
AGREEMENT TO TERMS
By agreeing to these terms and conditions and using of the software arises a software user agreement between the User and the Provider. The terms of such Agreement are governed by following general terms and condition:
Provider means: Business company identified as follows:
Business name: Tools Done Right s.r.o.
Registered office: Brigádnická 27, 841 10 Bratislava – Devín, Slovak republic
Identification no.: 52 909 719
Registered in: Commercial register maintained by District court Bratislava I, Section Sro, file no. 144736/B
Phone number: (+421)905 159 845
User means: Natural or legal person authorized to use the software accessing the software user interface through a world wide web http://allfred.io.
Software means: means a set of instructions used in a technical device and expressed in a source code for the purpose of real time financial performance, dashboards, revenue analysis and User performance with features to invoicing, budgeting & expenses, financial exports, accounting exports, cashflow tracking, work in progress tracking, team planning, project management, budget management, expenses management and time management
The Web interface: is an option to access Software via an Internet browser that includes a security certificate for secure communication between the PC and Software (the "Web Interface") secured by the username and password of every authorized User
Permission: is right to use the software granted by the Provider to the User based on the Agreement
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
Software is an author´s oeuvre under article 87 of the Act no. 185/2015 Coll. Copyright law as amended (hereinafter “Copyright law”) while Provider executes property rights to the oeuvre for use of the Software.
The Provider as the executor of the proprietary rights to the oeuvre, computer program Allfred hereby consent for User to use Software in such way, which may not conflict with the normal use of the computer program and shall not inappropriately interfere with the rights of Provider protected by law.
User is entitled to use the Software for for the purpose of real time financial performance, dashboards, revenue analysis and User performance with features to invoicing, budgeting & expenses, financial exports, accounting exports, cashflow tracking, work in progress tracking, team planning, project management, budget management, expenses management and time management.
User is not entitled to:
Process the program;
Merge the program with another oeuvre;
Add the program into their database;
Make a copy of the program;
Distribute the original or the copy of the program publicly;
Put the program in public.
Time-limited for the duration of Agreement;
In a territorial unlimited range.
The parties agree that the remuneration for the Entitlements granted is included in the remuneration under the Agreement.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
FEES AND PAYMENT
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of our services. Before ordering the services, you will be notified of the fact that the service is charged and the relevant fee for the provision of the service and a possible increase in the already paid fees for the provided services will be calculated for you. By filling in the billing data and sending the order, you agree with the amount of payment and the conditions of providing services You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us.
With regard to the annual improvement of the product (software) and the costs associated with the development and management of the product (software), the Provider is entitled to decide to increase the amount of the Fee to the User for each subsequent calendar year of the duration the Agreement based on the development of a harmonized Index of Consumer prices (HICP) for the Slovak Republic published by the Statistical Office of the Slovak Republic for the previous calendar year of the duration of this Agreement, but at least by + 5% of the Fee (i.e. the new Fee will represent 1.05 times the old Fee valid in past calendar year) even if the actual HICP index will be lower or the HICP will be a number with a negative value. This provision applies exclusively if the application of the Index aims to increase the Fee. If this Index is published during the calendar year during which the Fee increased on its basis is to be applied, the increase in Fee will be applied for the first time at the next due monthly Fee payment, about which the User will be informed in writing. The Provider is entitled to claim payment of the difference between the monthly payments of the Fee determined on the basis of the increased Fee and the already paid monthly payments of the Fee for the given calendar year of the duration of the Agreement. The Provider is entitled to increase the agreed Fee according to this point of the Terms for the calendar year following the year in which the Agreement is concluded from the 1. January of the following year at the earliest. The method of annual increase of the Fee is agreed upon by both participants and the Provider's right to pay the thus adjusted Fee is grounded directly on this provision of the Terms. If the Statistical Office of the Slovak Republic stops publishing the harmonized Consumer Price Index for the Slovak Republic, this index will be replaced for the purposes of the Agreement by the closest macroeconomic indicator valid for the Slovak Republic.
We may change prices at any time. In the event of a price change, it will be notified to the User in advance before the right to payment of the increased price arises. User has the right to withdraw from the Agreement within 14 days of notification of price change. All payments shall be in Euros.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
User, in accordance with the provisions of article 71 par. 1 letter b) of the Act no. 222/2004 Coll. about VAT as amended (hereinafter “VAT Act”) by signature of this Agreement agrees to issue and receive invoices in electronic PDF format and to send them to an e-mail stipulated in Agreement.
We offer a 14-day free trial to new users who register with the Site. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
SUSPENSION OF SERVICES
The parties agree that in the case of User’s delay with the payment of Remuneration for more than 14 days, the Provider is entitled to suspend the provision of the charged services of the Software to the User, even without prior notice.
Suspending Services also means limiting the functionality of the Software as a result of which the user loses access to Software charged functionality, while User data will continue to be stored in the cloud (also referred to as "Restricted access").
UserIn the case of payment of the delayed amount (whether before or after the termination of Agreement, however, no later than 30 days after the termination of the Agreement), all User's data, including data stored in the Software during the period from the first day of delay to the termination of the Agreement or to the payment of the Remuneration with which the User was late will be restored.
The Parties agree that, in the event of termination of Agreement, the Provider will grant the User access to the Software for 7 days from the date of termination of providing of the services without reimbursement, in order to make copies of the data stored in the Software to the User. Upon the expiration of the Limited access period, the Provider will deactivate the account of the User, who will lose access to the data stored in the Software. In this Restricted access period, the new data will not be recorded into the system.
Upon the written request of the User delivered to the Provider not later than 30 days after the termination of the Agreement Provider shall make available to the User all User´s data stored in the Software in the forms of screenshots in an non editable PDF. After 60 days from the termination of the Agreement, the Provider is entitled to delete all the User´s data from the Software. The Provider is obliged to delete the User's data upon the User's request to delete his data, without undue delay.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
2. Use a buying agent or purchasing agent to make purchases on the Site.
3. Use the Site to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site.
Agreement concluded between User and Provider shall expire:
Through expiry of the period of time to which it was closed;
Through the withdrawal from Agreement by the User even without giving any reason in the time period of 14 days since the conclusion of the Agreement;
Through withdrawal from Agreement due to a material breach of Agreement by any of the Parties;
Through written termination of the Agreement even without giving any reason.
For material breach of Agreement is considered:
Delay of the User with payment of the Remuneration for more than 7 days;
Unethical business practices of the User such as Misleading Consumers With False Claims, Creating Unfair Competition, Manipulating Financial Statements, Bribing To Get A Favorable Deal, Using Customer Data Inappropriately, Exploiting Employee Skills, Harassing Staff Sexually, Causing Harm To The Environment and any other practices which, in reasonable consideration, justify the rejection of the connection of the Provider's name with the name of the User.
Withdrawal from the Agreement must be in writing and must state the reason for withdrawal from the Agreement so that it cannot be confused with any other reason, otherwise it will not consider such as withdrawal.
By withdrawing from Agreement, the Agreement shall be terminated with effect from the date of delivery of the withdrawal of the Agreement to the other Party.
The Parties agree that, upon termination of Agreement by the written termination of one of the Parties, the termination period shall be 30 days, with the termination period commencing from the first day of the calendar month following month of receipt of the termination by the other Party.
When the agreement states Subscription period Parties are not entitled to terminate the Agreement in the aforementioned termination period without just cause. Cases of breach of Agreement or these Terms and Conditions that entitle Party for the withdrawal from the Agreement are considered just cause.
When the agreement states that User’s renewal is automatic, the Agreement shall after the expiry fo the Subscription period change to the Agreement on the indefinite period of time. Since the expiry of the Subscription period the User is obliged to pay to the Provider the remuneration according to the valid Price list published on the Provider’s website.
MODIFICATIONS AND INTERRUPTIONS
The provider is constantly working to improve the services and functionality of the software and for this reason reserves the right to make changes, modify or remove of the content or features of the Software in such a way that the User's data will not be affected.
Provider periodically maintains technical systems. Maintenance windows will be set up for regular, scheduled and unscheduled maintenance of Site and are necessary for the maintenance and security of day-to-day operations, or the implementation of updates or upgrades. Any service maintenance interruptions (scheduled or unplanned) are not defined as downtime or impairment.
Provider assures that scheduled maintenance works will be done, if possible, between 23:00 and 08:00. In exceptional cases, system maintenance can be carried out in all other times, taking into account the least possible disruption to ongoing operations.
Provider warrants to inform the customer about maintenance as early as possible. In addition, maintenance on Site is possible at any time even without the announcement of a maintenance window if no significant impairment is to be expected.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
Liability of Provider for failure to comply with the common service levels is given only if the discrepancy between the common level of service and the services actually provided is the result of the breach of obligations of Provider. Provider shall be relieved of liability for damage if at least one of the following circumstances excluding the liability of Provider for the damage is met.
Provider and their cloud services provider are not responsible for failing to comply with agreed service levels due to facts that cannot be affected, especially due to external DNS problems, routing problems, network or post office attacks Provider and provider of cloud services (DDoS / Viruses), failure of parts of the infrastructure, failure of parts of the Internet and failure outside control of the Provider and their cloud services provider, which can lead to incorrect customer measurements.
User failures, in particular failures caused by incoming / outgoing hacker attacks (DDoS) due to faulty or inadequate customer software maintenance or server systems overloading products in violation with the terms of Provider and their cloud services provider.
Non-compliance with default values caused by excessive product load on User´s side.
Due to the amount of Remuneration and the level of service provided, the proper provisioning of which is a prerequisite for the Software functionality, Provider is not responsible for failures that (despite careful selection and monitoring by Provider and its cloud services provider) were caused by the subcontractors of Provider and their cloud services provider and which do not affect the Software itself, but may affect its availability, such as power, internet connection, server cooling, and so on.
Failures due to improper use or repair of customer hardware or software or systems not conforming to the manufacturer´s or Provider or cloud service provider software or hardware and has been installed, operated or maintained contrary to their recommendations.
The parties agreed that in the event of a user's data loss due to the Provider's breach of the Agreement or obligence with professional care to prevent data loss the User is entitled for payment of the contractual penalty and Provider ios obliged to pay the contractual penalty in the amount specified as follows:
The lost data content is information related to work organization at the User such as responsible persons, assigned tasks, time spent over task, meeting and similarly the contractual penalty is in the amount determined as 10 % of the amount that the User shall pay as the remuneration during the Subscription period;
The lost data is information related to financial status of the User such as budget, invoice, expenses management resourcres management the contractual penalty is in the amount determined as 50 % of the amount that the User shall pay as the remuneration during the Subscription period.
The User is not entitled to claim damages caused by a breach of the obligation covered by a contractual penalty.
These conditions are governed by and interpreted following the laws of Slovakia, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Tools Dones Right and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Slovakia, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Slovakia, or in the EU country in which you reside.
The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Provider will retain data of the User up to 30 days after the last day of a subscription expiration. Prior to subscription expiration, User can extract their business data either from the service capabilities for printing content or using published API’s if available. If required, Provider will provide this data in the agreed upon format on a time and materials basis following the termination of the subscription. Provider must receive written notification of the need for data prior to but no later than the end of the subscription period. If User does not request return of data, Provider shall erase and render it unrecoverable in accordance with industry best practice.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: