Terms of Service

Last updated: January 25, 2024

These Terms of Service outline the rights and obligations of the user and the vendor in relation to the service, forming a legal agreement. By using DoubleTime on your device, either as a guest or a registered user, you agree to the terms in accordance with this document.

Table of Contents

Definitions

For the purposes of these Terms of Service:

  • "We", "our" or "us" refers to 0x234 Pty Ltd, an Australian proprietary limited company.
  • "You" or "your" refers to the person or entity accessing or using the service.
  • "Service" refers to our website, content, application and infrastructure which power DoubleTime.
  • "Account" refers to a unique account created for you to access the service or parts of the service.
  • "Device" refers to any electronic device that can access the service, including but not limited to a computer, a cell/mobile phone or a tablet.
  • "Personal data" refers to any information that relates to an identified or identifiable individual.
  • "Third-party social media service" refers to any website or any social network website through which a user can log in or create an account to use the service.
  • "User" refers to any person or entity accessing the service, with or without an account.
  • "Subscriber" refers to a user who has an active subscription to the service.

Requirements

To use the service, and own an account, you agree to meet the following requirements:

  • You are at least 18 years of age.
  • You are a person or an entity with full legal capacity.
  • You provide current and accurate information.
  • You are responsible for all content you provide.
  • You will not use the service to solicit the performance of any activity which infringes our rights or the rights of others.
  • You will not use the service to upload, transmit or otherwise distribute any objectionable content.

If you do not meet these requirements and/or any failure to do so may result in account termination as the service is not for you.

Usage Outside of Australia

Whilst we do not specifically target or market to users outside of Australia, we do not prohibit use outside of Australia. Users outside of Australia must comply with all local laws regarding online conduct and acceptable content.

Intellectual Property

You represent and warrant that you are the creator and owner of the content you provide, and this content is solely owned by you. We do not own, represent or claim any intellectual property rights over the content that you provide.

You may not copy, modify, reverse engineer, disassemble, decompile, remove, reproduce, resell, mirror or create derivative works or updates of, or attempt to derive the source code of DoubleTime, except with prior written consent.

Violations of the obligations above, as well as the attempt of such infringement may be subject to immediate account termination and/or legal consequences.

Account Security

You are responsible for keeping your linked third-party social media service(s) secure, as well as keeping your credentials to those services secure. Whilst two-factor authorisation is not required, it is highly recommended in protecting your account from unauthorised access through your third-party social media service(s). Should your account(s) become compromised, used or in control by an unauthorised party, you agree to notify us immediately.

DoubleTime does not store any access tokens nor maintains any continuous access to your third-party social media service(s), except to provide authorisation on login for you to access your account. Any tokens to said service are discarded from this point.

Your access to DoubleTime will continue even if you log out of your third-party social media service which was used to log in. You are advised to explicitly log out of DoubleTime at the end of your session on any device which is not for your personal use only.

Paid Subscriptions

We offer subscription plans that grant access to premium features within the application. These plans are available at various durations and prices, which are clearly communicated during the payment process. To ensure uninterrupted access to the premium features, all subscription plans are based on a pre-payment model. You can choose a plan that suits your needs and budget, and manage your subscription easily through the application. We may occasionally update the available subscription plans, and any changes will be communicated to you in advance.

Please refer to the Third-Party Payment Processing section of our Privacy Policy for more detailed information regarding the collection, protection, storage and management of your payment information.

Evaluation Period / Free Trial

As part of our offering, we provide a 30-day evaluation period or free trial period for new subscribers, intended to allow you to make an informed decision about whether this product is right for you.

During this trial period, you are provided with full, unlimited access to all functionality of the service without any charges.

This evaluation period does not obligate you to proceed with a paid subscription, and you may decide either before or at the end of the evaluation period if you find it suitable for your needs. If you decide not to subscribe, your access to the premium features may be limited or terminated.

Payment Authorisation

By entering your payment details within the Stripe checkout session portal, you authorise Stripe to charge you on behalf of 0x234 Pty Ltd for your selected subscription plan at the beginning of each billing cycle, as outlined in your plan details. If you qualify for a 30-day free trial, no payment details will be collected, and you won't be billed until the trial period ends. To continue using our services after the trial, you'll need to enter a valid payment method.

All payment information collection and processing are securely managed by Stripe, our third-party payment processor.

Local Taxes

If you are located in Australia, we are required by law to include the Goods & Services Tax (GST) in your subscription price. All advertised prices are inclusive of GST and will be outlined separately on your invoice/receipt if applicable.

If you are a sole trader or organisation in Australia and registered for GST, you may be eligible to claim the GST component as a tax credit. Please consult with your tax advisor or the Australian Tax Office for guidance on GST claims and reporting.

Recurring Payments and Cancellation

By subscribing to the service, you are entering a subscription contract which is billed on a recurring basis, and will be automatically billed by Stripe, our third-party payment processor, at the start of each billing cycle and price agreed upon checkout.

You have the right to modify or cancel your subscription at any time within the application by clicking "Manage your billing" in the user menu, which can be found by clicking the icon in the top-right corner containing your initial. This will redirect you to the Stripe customer portal, where you will be able to manage your subscription and other payment information as needed.

Any cancellation requests must be made prior to the next billing cycle to avoid being charged for the subsequent period. Once this cancellation has been processed, your subscription will remain active until the end of the current billing cycle and it will not be renewed thereafter. Once your subscription is no longer active, your access to the premium features may be limited or terminated.

Payment Processing and Fraud Assessment

As part of our payment processing, Stripe, our third-party payment processor, performs its own risk analysis and fraud assessment based on the data provided during the checkout process. This assessment helps ensure the security and integrity of the payment transactions. It's important to note that Stripe's evaluation may result in the decline of a payment if it is flagged as potentially fraudulent or poses a risk. In such cases, we, along with Stripe, will work with you to resolve any payment-related issues promptly.

Please note that this assessment by Stripe is separate from our evaluation period or free trial period, which is intended to allow you to assess the suitability of our product. During this trial period, you are provided with full, unlimited access to all functionality without any charges. However, the assessment performed by Stripe may affect subsequent payments if you choose to continue with a paid subscription.

Non-Payment of Services

If payment for your subscription fails or is not successfully processed, we reserve the right to cancel your subscription, and access to the premium features will be suspended until payment is successfully made. We understand that occasional payment issues may arise, and we encourage you to ensure that the payment details provided are accurate and up to date to avoid any disruptions in service.

In the event of non-payment, it is your responsibility to ensure timely payment to maintain uninterrupted access to the premium features. We recommend regularly reviewing and updating your payment information to avoid any interruptions in service due to failed or unsuccessful payments.

If payment cannot be successfully processed within a reasonable period of time or if repeated payment failures occur, we may need to terminate your subscription. Termination of the subscription will result in the loss of access to the premium features until the outstanding payment is resolved.

Payment Disputes

In the case of any payment-related issues, please Contact Us directly using the details at the end of this agreement, rather than initiating chargebacks or payment disputes.

We will work with you and Stripe to resolve any payment disputes or errors promptly.

Access To Your Data

Upon the end of your evaluation or subscription, your data will still be accessible, albeit with limited access to premium features. This means that you will still be able to access and view your data, but you may not be able to utilise certain advanced functionalities or access premium features exclusive to subscribed users.

If you wish to modify your data, other than deletion, or continue utilising the premium features, you will need to re-subscribe to the service. By re-subscribing, you can regain full access to all premium features, including the ability to modify your existing data, add new data, and utilise the advanced functionality provided by the service.

Links to Other Websites

The service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third-party site. We have no control over and assume no responsibility for the content, products or services on or available from those websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

We strongly encourage you to review the privacy policy and terms of service of every site you visit.

Termination

The agreement of these terms can be terminated at any time by closing your account and ceasing to access the service in its entirety.

We reserve the right to terminate the account if these terms have been violated, and you reserve the right to terminate the account should you wish to discontinue using the service.

Account termination can be performed by the account owner within the service (if applicable), or otherwise by contacting us with the details outlined in this document from the registered email address. We reserve the right to request further identification in relation to the personal data stored within your account to protect any wrongful or unauthorised termination requests.

Please refer to our Privacy Policy in regards to retention and deletion of your personal data.

Refusal of Service

At our discretion, we reserve the right to refuse service to any user, to terminate any accounts owned by the user, and if applicable, to disallow any devices associated with the user.

Please refer to our Privacy Policy in regards to retention and deletion of your personal data.

Modifications to the Service

We continually strive to improve our service and may add, modify or remove features or functionality to DoubleTime at our discretion. In case of removal or modification of certain features, those changes may affect your ability to use those features or the service in the same way as prior to the change. We will attempt to notify you of any significant changes to features that could affect your use of the service, but we are under no obligation to do so.

By continuing to use the service after those changes become effective, you agree to be bound by the revised service. However, if a modification to the service materially reduces functionality you have paid for, you may be eligible for a partial refund or credit at our discretion.

Discontinuance of Service

At our discretion, we reserve the right to discontinue the service and cease further operation with no less than 30 days prior notice. This notice will be provided on the service. Any active subscriptions at the time of discontinuation will be cancelled and refunds will be issued on a pro-rated basis with respect to the amount of time remaining on the subscription.

Please refer to our Privacy Policy in regards to retention and deletion of your personal data.

Data Loss

Under no circumstances will we be responsible for any data lost, corrupted or rendered unreadable due to:

  • Communication and/or transmission errors, or other related failures.
  • Equipment failures (including but not limited to silent hardware corruption-related issues).
  • Our failure to backup or secure data, or the loss or damage to backup media or facilities.
  • Failure or neglect to synchronise data to DoubleTime servers by logging in.

Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including legal fees) made against us by any third-party due to or arising out of or in connection with your use of DoubleTime, including but not limited to:

  • A breach of any obligation, representation or warranty hereunder.
  • Misuse of any feature or relative system within the service.
  • Infringement of anyone's intellectual property or proprietary or personal rights.

You acknowledge and agree that it is your sole responsibility to accurately use the time tracking tool, review generated reports, and verify billing information before invoicing your clients. We shall not be held liable for any consequences, financial or otherwise, arising from the inaccurate use, billing discrepancies, or disputes that may occur with your clients.

Representations & Warranties

DoubleTime is provided to you on an "as is" and "as available" basis, which means we do not provide warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose to any warranties that:

  • DoubleTime will meet your specific requirements.
  • DoubleTime will be uninterrupted, timely, secure or error-free.
  • The results that may be obtained from the use of DoubleTime will be accurate or reliable.
  • The quality of any products, services, information or other material purchased or obtained by you through DoubleTime will meet your expectations.
  • Any errors in DoubleTime will be corrected.
  • Any requested enhancements will be delivered.

Financial Responsibilities & Calculations

By using DoubleTime's financial calculations, you acknowledge your sole responsibility to:

  • Review and verify the accuracy of all final calculations, including applied tax rates and invoice totals.
  • Thoroughly check calculations and financial data generated by the service, and confirm the correctness of all details before issuing invoices or creating financial statements.
  • To consult with professional advisors and/or tax agents to fully understand and adhere to your local obligations regarding financial and tax matters.
  • To cover and protect us from any legal or financial repercussions arising from your use of the service’s calculation features, including any inaccuracies or non-compliance with laws.

The service provides calculation tools to assist you, but it is not intended to be a substitute for professional financial advice. You are responsible for consulting with qualified professionals regarding your specific financial and tax needs.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for, and we disclaim liability to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

Unlawful Activities

We do not condone, under any circumstances, the use of the service for unlawful activities, harassment of other users, or the distribution of harmful or inappropriate content. You agree not to use the service for any such purpose.

Any activities suspected of being unlawful, harassing, harmful or inappropriate will result in the immediate suspension or termination of service, at our discretion. These actions may also lead to legal consequences. We reserve the right to report any suspected unlawful activities to law enforcement authorities.

Governing Law & Dispute Resolution

You agree that all matters relating to your access to or use of DoubleTime, including all disputes, will be governed by the law of South Australia, Australia, and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

You must not commence any arbitration or court proceedings relating to a dispute unless it has complied with the provisions of this clause, except where you seek urgent injunctive relief. If there is a dispute arising out of or in relation with these terms, then the following dispute resolution steps are to be taken:

  • The party raising the dispute must first notify the other party in writing of the dispute, and provide sufficient detail to enable the dispute to be considered.
  • Both parties must discuss or enter into correspondence about the dispute and attempt to resolve it.
  • If the dispute is not resolved within 30 days of when the dispute was first notified, then the dispute shall be submitted to arbitration in accordance with, and subject to the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.

Severability

In the event that any provision of these Terms of Service is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, we shall have the sole right to elect which provision remains in force.

Changes to the Terms of Service

You acknowledge that, from time to time, circumstances may arise that make it necessary or desirable to vary certain provisions of these terms, in which we reserve the right to do so at any time. Unless explicitly stated, any new features that modify or enhance the service shall be subject to these terms.

Any changes will become effective when posted and made available on this page. We will let you know via a prominent notice on the service, prior to the change becoming effective and update the "Last updated" date at the top of these Terms of Service.

You are advised to review these Terms of Service periodically for any changes, and any continued use of the service following the posting of changes constitutes your acceptance of the updated Terms of Service.

Contact Us

If you have any questions about these Terms of Service, please contact us by email at [email protected].