End User License Agreement (EULA)
1. Your agreement with Thycotic.
This edocument represents your agreement with Thycotic (of 1934 Old Gallows
Road, Suite 350 Vienna, VA 22182) for the use of “My Clockwatcher” (the
service). The words ‘we’, “us” and ‘our’ refer to Thycotic’. The information
you provide to us must be accurate and complete. The user acknowledges by
subscribing to this service that there is a fee and this must be paid to have
full access to all features of the service. This agreement limits our liability
and your remedies and we do not warranty the service. Please read the relevant
clause (5) carefully.
2. Use of the service.
The service is available immediately on sign-up. The use is available to the
number of people you designate at sign-up and payment of the relevant fees. The
numbers can be changed by you at any time and the fees will be amended
3. Account responsibility
You are responsible for all activity under the Service. You are responsible for
maintaining confidentiality of any password for the Service.
4. Charges and Billing.
4.1 Payment. On signing up for the Service, you will create a "Billing
Account", enter your "Method of Payment" and confirm your authorization to use
the Payment Method. You will authorize us to charge you using your Payment
Method. You will pay for the Service monthly in advance. We will continue to
charge you for the Service until such time as we are given one (1) month notice
to cancel the service. You may request to change the method of payment and
providing we are able to comply with the revised method we shall do so. We will
require one (1) month notice to effect the change.
All your Billing Account details must be current and any changes must be
advised immediately. This includes your billing address and the expiration date
of your credit card (if applicable).
4.2 Trial Periods. In the case of a trial period at no cost to you, it is your
responsibility to cancel the service at the end of the period. Should you not
do so, you will incur charges for the service. You will be charged using the
payment method authorized by you at sign-up.
4.3 Prices, Variations and Exchange Rates. Our price excludes any taxes or
other charges which may be applicable in your area, unless we have specifically
stated otherwise. All such taxes and charges are your responsibility.
Any applicable currency variations are to your account and must be resolved
using the provisions of the Payment Method agreed.
Any changes to the price for the service will be advised prior to the
implementation of any change. Should you have an agreed period contract, any
price changes would only be of effect at the end of the period.
4.4 Online Statement and billing. The billing statement will be provided online
only. This is the only billing statement that we provide. Go to
------------------ to view, print or request a paper copy of this statement. If
you request a paper copy, we may charge you a retrieval fee. We will only
provide paper copies for the past 120 days.
Should our bill be incorrect, you must notify us as soon as possible and we
will investigate and amend where necessary. Any notification applicable to a
period 90 days or more prior to such notification will be noted and remedied
for any refund due for the past 90 days only.
5. Limited Liability
The service is provided "as-is," "with all faults" and "as available." There
are no expressed guarantees nor warranties. Your consumer rights under your
local laws will be applicable and may restrict any changes stipulated by the
terms of this agreement. However to the extent the law permits, we exclude any
implied warranties of merchantability, fitness for a particular purpose,
workmanlike effort and non-infringement.
Thycotic limit their liability to direct damages to a maximum amount equal to
your service fee for one month. All other damages, including indirect,
incidental, consequential, loss of profits or any and all damages.
Thycotic’s limitations will appertain to any matters related to the content,
the service, any viruses or problems that affect use of the service and any
breach to the extent permitted by law.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. They also may not apply to you because your province or country may not
allow the exclusion or limitation of incidental, consequential or other
6. Cancellation of Service
We require one (1) month notice from you to cancel the service. Should you be a
trial period participant wishing to cancel and do not want to incur charges,
you must do so by/or prior to the end of the trial period.
Cancellation of the Service by you will not alter your obligation to pay all
charges made to your Billing Account.
7. Resolution of Disputes
This contract will be subject to the laws of the District of Columbia, USA,
without reference to conflict of laws principles. You irrevocably consent to
exclusive jurisdiction and venue of state or federal courts in Washington, DC,
USA for all disputes relating to this agreement.
This is the entire agreement between Thycotic and you regarding use of the
service. All parts are applicable to whatever degree permitted by law. Should a
court determine a part is not enforceable, it shall be replaced with terms
which closely achieve the intent of the unenforceable part.
8. Notification and Consent to Use of Electronic Format
This agreement is in electronic form. There may be other information regarding
the Service that the law requires us to send you. We may send you this
information in electronic form. You have the right to withdraw this consent,
but if you do, we may cancel your Service. We may provide required information
to you via e-mail at the e-mail address you specified when you signed up for
your Service. Notices provided to you via e-mail will be deemed given and
received on the transmission date of such e-mail. If you would like a copy of
this information or this contract in paper form, you may request one from us.
To do so, or to withdraw your consent, go to
http://www.myclockwatcher.com/cms/contactus.aspx. You must make a request for a
paper copy within 120 days after we first provided it to you. If you do not, we
may not provide you a paper copy. We may charge a reasonable fee for providing
such paper copies.
As long as you access and use the Service, you will have the necessary software
and hardware to receive such notices. If you do not consent to receive any
notices electronically, you must stop using the Service.