Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between TimeCatchApp, LLC, a North Carolina limited liability company located at 1102 Haywards Heath Ln, Apex, North Carolina ("TimeCatchApp," "we," "us," or "our"), and the business or individual creating an account to use our software (the "Service"), referred to as "you" or "Customer."

By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Statement, and our Cookie Policy. If you do not agree, do not create an account or use the Service. You must affirmatively accept these Terms before your account is activated.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" and "Customer" refer to that entity.

2. The Service

TimeCatchApp, LLC provides software for professional services organizations that saves time. The only information required to create an account is an email address; all other information (projects, tasks, client details, documents, and so on) is entered voluntarily by you.

We may add, change, or remove features of the Service from time to time. We will use reasonable efforts to notify you of material changes that reduce the Service's core functionality.

3. Your Account

• You must provide a valid email address and keep your account information accurate and current.
• You are responsible for all activity that occurs under your account, including activity by users you invite or authorize.
• Login is via a one-time email "magic link" rather than a password. You are responsible for securing access to the email account used to receive these links.
• You must be at least 18 years old, and the Service is intended for business use, not for personal or household use by individual consumers.

4. Customer Content; Ownership and License

"Customer Content" means the project data, task data, client information, documents, notes, and other information you or your authorized users submit to or generate in the Service.

• As between you and TimeCatchApp, you own all Customer Content. Nothing in these Terms transfers ownership of Customer Content to us.
• You grant TimeCatchApp a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Customer Content solely as necessary to provide, maintain, support, and improve the Service, and as otherwise described in our Privacy Statement.
• You represent that you have all necessary rights and permissions to submit Customer Content to the Service, including any personal data about your own employees, contractors, or clients, and that you have satisfied any notice or consent obligations you owe to those individuals.
• Section 10 (Intellectual Property) below, which restricts downloading or storing material from our website, applies to TimeCatchApp's own website and application content — not to your Customer Content, which remains yours to export, copy, or use as you see fit.

5. Data Protection

For Customer Content that constitutes personal data, you are the data controller and TimeCatchApp is the data processor, as described in our Privacy Statement. Our Data Processing Agreement ("DPA"), available at timecatchapp.com/dpa, is incorporated into these Terms by reference and governs our processing of personal data on your behalf.

• You are responsible for having a lawful basis to collect and process personal data you submit to the Service, including personal data about your employees, contractors, and clients, and for providing any required notices to those individuals.
• You must not submit special categories of personal data (such as health data, racial or ethnic origin, trade union membership, or similar sensitive data) to the Service unless strictly necessary, and you do so at your own risk and responsibility.
• You may delete your account and all associated Customer Content at any time from within the Service, as described in our Privacy Statement.

6. Optional AI Features

The Service offers optional AI-assisted features that can read your project and task files to help you work faster. These features are only used when you actively choose to invoke them for a specific file or task.

• When you use an AI feature, the relevant content is sent to a third-party AI provider you select — currently OpenAI, Google (Gemini), or Mistral AI — to generate a response.
• Our AI providers do not use your Customer Content to train their models and do not retain it beyond what is needed to respond to your request, under our agreements with them.
• AI-generated output may be inaccurate or incomplete. You are responsible for reviewing and verifying any AI-generated content before relying on it.
• Do not use the AI features on special categories of personal data (see Section 5) if you do not want that data processed by our AI providers.

7. Subscription, Billing, and Payment

• The Service is offered on a subscription basis. Each billing cycle is 30 days.
• Subscriptions renew automatically. At the start of each new 30-day billing cycle, your payment method on file is charged for the next cycle unless you cancel before that cycle begins (see Section 8).
• Payments are processed by Stripe, Inc. TimeCatchApp does not receive or store your credit card or bank account details; we receive only confirmation of whether a payment succeeded, the amount, and the date and time.
• You will receive an invoice for each payment, which includes payment details. TimeCatchApp's own invoices to you and records of your payments are retained for 7 years to comply with our tax and accounting obligations, independent of your account status, as described in our Privacy Statement.

8. Cancellation and Termination

• You may cancel your subscription at any time. Cancellation takes effect at the start of your next billing cycle: the Service continues to function through the end of your current paid 30-day billing cycle, you are not charged again, and the Service then stops working. We do not provide prorated refunds for the unused portion of a billing cycle.
• Cancellation does not delete your account or Customer Content. Your data is retained, intact, so that you may reactivate at any time, consistent with our Privacy Statement.
• You may permanently delete your account and all Customer Content at any time from within the Service, whether or not your subscription is active. Deletion is immediate and cannot be undone.
• We may suspend or terminate your access to the Service if you materially breach these Terms and do not cure the breach within 30 days of notice, or immediately in cases of fraud, illegal use, or security risk to the Service or other customers.

9. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe the intellectual property or privacy rights of others
• Upload malicious code or attempt to gain unauthorized access to the Service or other customers' data
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law
• Resell or provide the Service to third parties as your own standalone service without our written consent

10. Intellectual Property

Except for Customer Content (see Section 4), the Service, our website, and all related software, text, graphics, logos, and designs are owned by TimeCatchApp, LLC or our licensors and are protected by intellectual property laws. You may not copy, download, modify, distribute, or create derivative works from our website or application content, except as necessary to make ordinary use of the Service as intended.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service during your subscription term, solely for your internal business purposes.

11. Third-Party Services

The Service integrates with or relies on third-party service providers, including:

• Stripe, Inc. — payment processing
• hosting.com — cloud hosting infrastructure
• OpenAI, Google, and Mistral AI — optional AI-assisted features (see Section 6)
• Elfsight — website chat widget (marketing site only, not part of the logged-in Service)

Your use of these third-party services may be subject to their own terms. We are not responsible for the acts or omissions of these third parties, except as otherwise required by our agreements with them or by applicable law.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure, or error-free. Output from optional AI features is provided without warranty of accuracy, and you assume all risk from reliance on it.

13. Limitation of Liability

13.1 No Guarantee of Compliance

Use of the Service does not guarantee that you will avoid investigation, enforcement action, penalties, or claims under applicable law, including data protection law. TimeCatchApp gives no warranty as to your own compliance with applicable law.

13.2 Liability Not Limited

Nothing in these Terms limits or excludes either party's liability for: (a) fraud or fraudulent misrepresentation; (b) breach of Section 5 (Data Protection) or Section 10 (Intellectual Property); or (c) any other liability that cannot lawfully be limited or excluded.

13.3 Exclusion of Indirect Loss

Subject to Section 13.2, neither party will be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profit, revenue, business, contracts, or anticipated savings; (b) loss of or corruption to data; (c) loss of goodwill or reputation; or (d) indirect, consequential, or special loss, in each case arising out of or in connection with these Terms, even if the party was advised of the possibility of such loss.

13.4 Cap on Liability

Subject to Section 13.2, each party's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total fees paid or payable by you to TimeCatchApp in the twelve (12) months immediately preceding the event giving rise to the claim.

13.5 Your Payment and Indemnity Obligations

Your payment obligations under Section 7, and your indemnification obligations under Section 14, are not subject to the cap in Section 13.4.

14. Indemnification

14.1 Customer Indemnification

You shall defend, indemnify, and hold harmless TimeCatchApp, its affiliates, officers, directors, employees, contractors, and agents from and against any third-party claims, actions, proceedings, damages, liabilities, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Customer Content, documents, files, communications, approvals, comments, instructions, or other materials uploaded, submitted, stored, transmitted, generated, or shared through the Service by you or your authorized users;
• Your use of the Service in violation of these Terms, applicable law, regulation, or the rights of any third party;
• Any allegation that your Customer Content or other materials you provide infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, or other rights of a third party;
• Your fraud, negligence, willful misconduct, or unauthorized use of the Service; or
• Any products, services, advice, professional work product, invoices, reports, analyses, recommendations, or deliverables you create, manage, distribute, or provide through the Service.

14.2 TimeCatchApp Intellectual Property Indemnification

Subject to the limitations set forth in these Terms, TimeCatchApp shall defend you against any third-party claim alleging that the Service, as provided by TimeCatchApp and used in accordance with these Terms, directly infringes a United States copyright, trademark, or trade secret, and shall pay any damages finally awarded by a court of competent jurisdiction or agreed to in a settlement approved by TimeCatchApp.

TimeCatchApp shall have no obligation under this section for claims arising from:

• Your Customer Content or other materials you provide;
• Modifications made by anyone other than TimeCatchApp;
• Use of the Service in combination with products, services, software, or data not provided by TimeCatchApp;
• Use of the Service in a manner not authorized by these Terms or the applicable documentation; or
• AI-generated, customer-generated, or third-party-generated content.

14.3 Indemnification Procedure

The party seeking indemnification shall:

• Promptly notify the indemnifying party of the claim;
• Provide reasonable cooperation in the defense of the claim at the indemnifying party's expense; and
• Allow the indemnifying party sole control of the defense and settlement of the claim.

The indemnifying party may not settle any claim in a manner that admits fault on behalf of the indemnified party or imposes any obligation on the indemnified party without that party's prior written consent, not to be unreasonably withheld.

14.4 Exclusive Remedy

This Section 14 states each party's sole and exclusive remedy, and the entire liability of the other party, for any claims subject to indemnification under these Terms.

14.5 Equitable Relief

The parties acknowledge that damages may not be an adequate remedy for breach of Section 5 (Data Protection) or Section 10 (Intellectual Property), and that injunctive or other equitable relief may be sought in addition to any other remedy.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles.

15.2 Agreement to Arbitrate

Except as set out in Section 15.4, you and TimeCatchApp agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be conducted by a single arbitrator and will take place in Wake County, North Carolina, or remotely by agreement of the parties. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

You and TimeCatchApp agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. Neither party may act as a class representative or participate as a member of a class of claimants with respect to any claim arbitrated or litigated under these Terms.

15.4 Exceptions

Notwithstanding Section 15.2, either party may bring a claim in the state or federal courts located in Wake County, North Carolina (and the parties consent to personal jurisdiction there) for: (a) claims seeking injunctive or other equitable relief under Section 14.5; or (b) disputes relating to our Data Processing Agreement or the Standard Contractual Clauses incorporated into it, which are governed by the law specified in those documents (see our Privacy Statement, Section 9) for matters relating to international data transfers.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through an in-app notice before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Statement, Cookie Policy, and DPA, constitute the entire agreement between you and TimeCatchApp regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.

18. Contact Us

Questions about these Terms can be directed to: