End-User License Agreement ("Agreement")

Last updated: February 14, 2024

Please read this End-User License Agreement carefully before using PolarHR.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Service.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Zentive Time Systems Limited, 3700 Parkway, PO15 7AW.

• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

• Country refers to: United Kingdom.

• Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.

• Service refers to the Website.

• Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to PolarHR, accessible from https://www.polarhr.com.

• You means the individual accessing or using the Service or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

By clicking the "Create your account" button, or using the Service, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click the "Create your account" button, or do not use the Service.

This Agreement is a legal document between You and the Company and it governs your use of the Service made available to You by the Company.

The Service is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to use the Service strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service.

• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Service.

Modifications to the Service

The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to You.

Updates to the Service

The Company may from time to time provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Service. You agree that the Company has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Service may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party services.

You must comply with applicable Third-parties terms of agreement when using the Service. Third-party services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to third-parties terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting Your Account via the account settings page.

Upon termination of this Agreement, You shall cease all use of the Service.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, employees, partners and licensors (if any) harmless from any claim or demand, including reasonable solicitor fees, due to or arising out of your: (i) use of the Service; (ii) violation of this Agreement or any law or any regulation; or (iii) violation of any right of a third-party.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to an amount equal to the total of all fees paid or payable by You for the use of the Service in the 1-month period in which the claim arose.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

No Warranties

The Service is provided to You "AS-IS" and "AS-AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs and other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to this Agreement

We reserve the right, at Our sole discretion, to modify or replace this Agreement at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new agreement terms taking effect. What constitutes a material change will be determined by Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised agreement terms. If You do not agree to the new Agreement, You are no longer authorised to use the Service.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Service. Your use of the Service may also be subject to other local, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding Your use of the Service and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, you can contact us by visiting this page of our website:

• https://www.polarhr.com/support.